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THE 

HISTORY 

O  F 

THE     COLONY 

O  F 
NOVA-CuESARIA,  OR  NEW-JERSEY: 

CONTAINING, 

AN  ACCOUNT.OF  ITS  FIRST  SETTLEMENT, 

PROGRESSIVE  IMPROVEMENTS, 

THE  ORIGINAL  AND  PRESENT  CONSTITUTION, 

AND    OTHER    EVENTS, 

TO  THE  YEAR  1721. 

WITH 

SOME  PARTICULARS  SINCE; 

AND 

A  SHORT  VIEW  OF  ITS  PRESENT  STATE 
BY    SAMUEL    SMITH. 


BURLINGTON,  IN  NEW-JERSEY: 

Printed  and  sold   by  JAMES  PARKER:    Sold  also  by 

DAVID  HALL,  in  PHILADELPHIA.  M,DCC,LXV. 


ENTERED  according  to  Act  of  Congress,  in  the  year  1877,  by 

WILLIAM  S.  SHARP, 
In  the  Office  of  the  Librarian  of  Congress,  at  Washington. 


TRENTO.Y,  N.  J.: 
WM.  S.  SUABF,  STKBEOTYPEB  ANI>  PUBLISHER. 

1877. 


SEENBY 

SERVATI 
SERVICES 


PREFACE  TO  SECOND  EDITION. 


In  presenting  to  the  public  the  second  edition  of  "  SMITH'S  His- 
TOUY  OF  NEW  JERSEY,"  the  publisher  feels  that  he  has  no 
apologies  to  offer,  but  believes  he  is  supplying  a  long-felt  public 
need.  The  original  edition  was  published  in  1765,  and,  many  years 
*ince,  became  exhausted.  Cognizant  of  this  fact,  and  also  that  the 
work  is  au  oft-quoted  and  perfectly  reliable  authority  upon  all  the 
subjects  of  which  it  treats,  constant  inquiries  and  importunities 
from  loading  business  and  professional  men  in  New  Jersey  and 
elsewhere  have  led  to  its  re  production,  without  amendment  or 
v.iri  u ion  from  the  original  in  matters  of  language,  construction, 
and  general  style,  the  endeavor  being  to  conform,  as  far  as  practi- 
cable, to  the  quaint  order  of  typography  prevalent  a  century  ago. 
Great  care  has  been  taken  to  attain  correctness  in  these  particulars, 
to  the  end  th  it  historians  and  others  may  rely  upon  it  to  the  same 
extent  as  ihe  original  edition;  and,  as  the  paging,  and  foot  and 
marginal  notes  have  not  been  changed  in  any  respect,  a  conflict  of 
indices  is  avoided,  and  facilities  for  reference  greatly  increased. 

With  this  work  is  furnished  a  biographical  sketch  of  the  life 
sind  public  services  of  the  author,  by  his  nephew,  John  Jay  Smith, 
of  Germantown,  Pa.,  a  gentleman  thoroughly  conversant  with  the 
f.icu,  and  |Mi-sit-*sinij  documents  of  undoubted  authenticity  upon  the 
snl.jt'd.  This  sketch  contains  many  matters  of  an  interesting  char- 
m-tor 10  the  public  generally,  and  includes  genealogical  data  of  con- 
sidordilr  importance  to  his  descendants,  of  whom  a  number  are 
now  r  sidcnts  of  this  State  and  elsewhere.  Another  innovation  is  a 
tiiu-ly  executed  copy  of  a  map,  published  in  1777,  by  William 
Fatien,  Charing  Cross,  London,  of  which  it  is  unnecessary  to  speak 
at  leng'h.  as  an  inspection  must  satisfy  every  one  of  its  importance 
in  i his  connection.  Although  this  sketch  and  map  form  no  part 


PBEFACE  TO  SECOND  EDITION. 

of  the  original  edition,  the  fact  that  the  former  was  never  before 
published,  and  that  the  latter  was  taken  from  the  first  official  draft 
and  survey  of  the  Province,  will  render  them  of  peculiar  interest, 
and  the  publisher  has,  for  this  reason,  thought  them  valuable 
additions. 

Desiring  that  the  re-publication  of  this  standard  production  of 
the  past  shall  serve  in  the  future  as  an  aid  to  those  whose  necessi- 
ties may  cause  them  to  appreciate  its  merit,  the  publisher  sincerely 
hopes  that  the  effort  to  place  so  valuable  a  book  within  the  reach 
of  all  who  desire  to  possess  themselves  of  it,  will  prove  satisfactory 

in  every  respect. 

WM.  S.  SHARP. 

TRENTON,  N.  J.,  August,  1877. 


SKETCH  OF  THE  AUTHOR. 


Samuel  Smith,  author  of  the  "  History  of  New  Jersey,"  was  eldest 
son  of  Richard  Smith,  esquire,  of  Burlington,  member  for  twenty 
years  of  the  Assembly  of  West  Jersey,  and  a  flourishing  merchant  in, 
Burlington  and  Philadelphia. 

Richard  Smith  was  the  only  son  of  Samuel  Smith  the  elder,  of 
Bramham,  West  Riding  of  Yorkshire,  England,  who  came  to  New 
Jersey  in  1694,  and  wgfc  for  several  years  a  member  of  the  Assembly. 
The  father  of  the  first  Samuel  Smith,  Richard  Smith  of  Bramham, 
Yorkshire,  was  one  of  the  original  proprietaries  of  West  Jersey,  and 
he  and  his  two  eldest  sons,  John  and  Daniel,  brothers  of  the  elder 
Samuel  Smith,  signed  as  proprietaries  the  "  Concessions  and  Agree- 
ments of  the  Proprietors  and  People  of  West  Jersey,"  the  fundamen- 
tal constitution  of  the  province. 

To  the  above-mentiond  John  Smith  was  allotted  one  of  the  ten 
original  town  lots  of  the  "  London  Proprietors,"  in  Burlington,  with, 
its  annexed  wood  or  forest  lot. 

Our  author,  who  was  born  "12th  mo.,  13th,  A.  D.  1720,"  engaged, 
as  a  young  man,  in  his  father's  business  as  a  West  India  merchant, 
and,  for  a  time,  removed  to  Philadelphia.  He  finally  settled  at 
Burlington,  where  his  town-house  was  the  one  since  known  as  the 
"Coleman"  house.  The  fine  estate  of  "Hickory  Grove,"  a  little 
beyond  the  "  London  Bridge,"  was  his  country-seat  or  "  plantation." 
He  married  in  the  "eleventh"  month,  1741,  Jane,  daughter  of 
Joseph  Kirkbride,  and  by  her  had  several  children. 

He  was  a  man  of  most  benevolent  heart,  and  of  a  conscientious 
uprightness  and  exactness  in  the  discharge  of  duty.  His  reading 
wae  extensive  and  accurate;  the  several  historical  works  composed 
by  him,  showing  the  fruits  of  careful  research,  and  a  clear  and 
agreeable  style.  He  wis  the  originator  of  the  benevolent  efibrta 
which  resulted  in  the  colonization  of  the  remnant  of  the  New  Jersey 


SKETCH  OF  THE  AUTHOR. 

Indians  at  the  "Brotherton"  settlement;  drew  up,  in  1757,  the 
constitution  of  the  "New  Jersey  Society  for  Helping  the  Indians," 
and  signed  its  subscription  list  with  twenty  pounds.  In  all  the 
family  relations,  as  son,  brother,  husband  and  father,  Samuel  Smith 
was  most  exemplary,  and  was  besides  a  prominent  and  useful  mem- 
ber of  his  religious  community,  "  The  Friends." 

In  1765,  Samuel  Smith  had  the  press  of  the  "King's  Printer" 
moved  to  Burlington  for  the  purpose  of  printing  his  "  History  of 
New  Jersey,"  as  appears  by  the  following  extract: 

"In  1764,  James  Parker,  printer  to  the  King  for  the  Province  o" 
New  Jersey,  compiled  and  printed  a  'Conductor  Generalis'  for 
Justices  of  th'e  Peace,  he  then  holding  that  office  in  Middlesex 
county,  and  the  following  year  moved  his  press  from  Woodbridge  to 
Burlington  for  the  accommodation  of  the  author  of  the  History  of 
New  Jersey,  (Smith),  but  on  the  completion  of  the  work  it  was 
returned  to  the  former  place."  (  Whitehead's  Contributions  to  East 
Jersey  History,  p.  376.) 

Samuel  Smith  filled  some  of  the  most  important  public  offices  in 
the  Province  of  New  Jersey.  He  was,  for  many  years,  a  member 
and  Secretary  of  the  King's  Council,  Treasurer  of  the  Province,  &c., 
Ac,  He  died  in  1776.  His  brother  Richard  was  a  member  of  the 
Continental  Congress. 


CONTENTS. 


CHAP.  I. 

A  brief  view  of  the  discovery  of  America,  and  of  the  present  pre- 
vailing opinion  respecting  the  manner  it  originally  became  peopled. 

page  1 

CHAP.  II. 

An  account  >j  the  country  on  Delaware  and  the  North-River}  while  the 
first  was  in  possession  of  the  Dutch  and  Swedes.  .  p.  19 

CHAP.    III. 

The  particulars  of  the  English  conquest,  in  1664  ;  and  the  transactions 
afterwards,  respecting  the  inhabitants  on  Delaware  ;  The  arrival  of 
Francis  Lovelace,  OK  governor  ;  part  of  his  administration,  and  de- 
scription of  the  HoarkilTs.  p.  35 

CHAP.   IV. 

King  Charles  the  second,  and  duke  of  York's'  grants,  whence  lord 
Berkeley  and  sir  George  Carteret  became  seized  of  New- Jersey  :  The 
Qrsl  constitution  of  government  under  them  :  The  settlement  of  'Bergen, 
Middletown,  Shrewsbury,  and  Elizabeth- Town :  Philip  Carteret 
appointed  governor  of  Jersey:  The  Indian  purchase  of  Elizabeth- 
Town,  by  the  settlers ;  and  the  first  general  Jndian  purchase  by  the 
proprietors,  &c.  p.  59. 

CHAP.   V. 

Major  Andross  appointed  governor  of  New-  York  :  Takes  possession  at 
Delaware:  Arrival  of  the  first  English  settlers  to  West- Jersey,  under 
the  duke  of  York's  title :  Lord  Berkeley  assigns  his  moiety  of  New- 
Jersey  to  Byllinge,  and  he  in  trust  to  others  :  Their  letter  and  first 
commission :  New- Jersey  divided  into  the  provinces  East  and  West 
Jersey ;  and  the  declaration  of  the  West-Jersey  proprietors.  p.  77. 

CHAP.  VI. 

Arrival  of  more  settlers  to  West- Jersey :  Their  difficulties:  Their 
purchases  from  the  Indians :  They  lay  out  a  town :  Some  of  their 
first  sentiments  of  the  country  ;  and  an  account  of  the  duke  of  York's 
two  last  grants,  being  for  the  provinces  East  and  West  JSTe\v- Jersey 

p.  92. 
CHAP.  VII. 

Letters  from  some  of  the  settlers  of  West- Jersey  ;  and  arguments  against 
the  customs  imposed  at  the  Hoarkill  by  the  governor  of  New-  York 

?•!"•  7  CHAP! 


viii  CONTENTS. 

CHAP.  VIII. 

The  first  form,  of  government  in  West- Jersey  under  the  proprietors:  The 

first  laws  they  made :  The  method  of  regulating  land  affairs  ;  and  a 

further  account  of  the  Indians  found  in  the  first  settled  parts  of  these 

provinces.  P-  126 

CHAR.  IX. 

Another  ship  arrives  at  West- Jersey  :  Proceedings  of  the  general  assembly  N 
of  West-Jersey :  Sir  George  Carteret's  death :  Conveyances  to  the 
twelve  Eastern  proprietors  :  Their  proposals  and  regulations  in  several 
respects  ;  particularly  in  disposing  of  lands  and  building  a  town  at 
Ambo  point  :  The  twelve  proprietors  each  take  a  partner,  and  thence 
are  called  the  twenty-four ;  to  whom  the  duke  of  York  makes  a  third 
and  lout  grant :  The  twenty-four  establish  the  council  of  proprietors  of 
East- Jersey,  on  the  footing  it  now  is:  A  general  view  of  the  improve- 
ments in  East- Jersey  in  1682:  A  compendium  of  some  of  the  first 
laws  passed  at  Elizabeth- Town :  Doubts  started  whether  the  govern- 
ment of  West-Jersey  was  granted  with  the  soil :  Jenings  continued 
governor  of  West-Jersey  :  And  laws  now  passed  there.  p.  150 

CHAP.  X. 

Robert  Barclay  appointed  governor  of  East-Jersey,  and  T.  Rudyard 
deputy:  Letters  from  Rudyard,  S.  Groome,  Lawrie,  and  others,  con- 
cerned in  thai  settlement.  p.  166 
CHAP.  XI. 

Manner  of  the  West- Jersey  government  in  1684.*  their  unsettled  state 

and  succession  of  governors:  Danger  of  suffering  for  want  of  food  in 

1687  :   The  division  line  run  by  G.  Keith  ;  an  agreement  between 

the  governors  Coxe  and  Barclay  :  Alteration  in  themanner  of  locating 

lands  in  West  Jersey,  and  the  method  now  in  use  fixed  :  No  person  in 

West-Jersey  to  purchase  from  the  Indians,  without  the  consent  of  the 

council  of  proprietors :  And  instructions  respecting  deeds  and  warrants 

for  taking  up  lands.  p.  189 

CHAP.   XII. 

A  flood  at  Delaware  falls :  Death  and  character  of  Thomas  Olive, 
Thomas  Gardiner  and  John  Woolston :  Commotions  in  East  and 
West  Jersey  :  Surrender  of  the  two  governments  to  queen  Anne :  Her 
acceptance  thereof;  and  her  commission  to  lord,  Cornbury.  p.  208 

CHAP.  XIII. 

Instructions  from  queen  Anne  to  lord  Cornbury.  p.  230 

CHAP.  XIV. 

Observations  on  lord  Cornbury1  s  instructions,  and  the  privileges  origi- 
nally granted  to  the  settlers;  with  abstracts  of  some  of  them.  p.  261 

CHAP.  XV. 

Lord  Cornbury.  convenes  the  first  general  assembly  after  the  surrender  .* 
His  speech,  their  address,  and  other  proceedings  :  Queen  Anne's 
proclamation  for  ascertaining  the  rates  of  coin ;  Cornbury  dissolves 

the 


CONTENTS. 

the  assembly,  and  meets  a  new  one  to  his  mind :  Their  proceedings 
and  dissolution  :  A  summary  of  the  establishment  and  practice  of  the 
council  of  proprietors  of  West-  Jersey  :  Another  assembly  called;  who 
remonstrate  the  grievances  of  the  province.  p.  275 

CHAP.  XVI. 

Lord  Cornbury's  answer  to  the  assembly's  remonstrance  p.  296 

CHAP.  XVII. 

The  assembly's  reply  to  lord  Cornbury's  answer  to  their  remonstrance. 

p.  311 
CHAP.  XVIII. 

Memorial  of  the  West-Jersey  proprietors  residing  in  England,  to  the 
lords  commissioners  for  trade  and  plantations :  The  lieutenant  governor, 
with  some  of  the  council,  address  the  queen  :  The  last  meeting  of 
assembly  under  Cornbury's  administration  ;  They  continue  their  com- 
plaints: Samuel  Jenings's  death  and  character.  p.  336 

CHAP.  XIX. 

Lord  Lovelace  arrives  governor :  Convenes  a  new  assembly ;  they 
apply  to  him  for  a  hearing  on  the  subject  of  the  lieutenant  governor 
and  council's  application  to  the  queen  :  His  death  ;  is  succeeded  by  the 
lieutenant  governor  Ingoldsby :  T  he  first  paper  currency:  Arrival  of 
governor  Hunter  :  A  short  account  of  the  first  expedition  to  Canada: 
A  new  assembly  chosen :  Their  first  session  in  Hunter's  time.  p.  355 

CHAP.    XX. 

Representation  of  the  general  assembly  to  governor  Hunter  and  his 
answer.  p.  375 

CHAP.  XXL 

A  session  of  general  assembly  :  A  second  expedition  to  Canada  :  Meeting 
of  a  new  assembly  :  They  quarrel :  Some  members  designedly  absent 
themselves:  EzpeWd  the  house:  Several  of  them  again  return 'd, 
and  refused  seats :  A  fruitful  session  at  Crosswicks  :  Last  session  in 
Hunter's  time  :  An  act  passed  for  running  the  division  line  between 
East  and  West-Jersey:  William  Burnet  arrives  governor:  An  un- 
common wet  harvest :  Governor  Burnet  meets  a  new  assembly,  p.  399 

CHAP.  XXII. 
Occurrences  since  the  year  1721.  p.  419 

CHAP.   XXIII. 

The  present  state  of  Indian  a/airs  in  New- Jersey.  p.  440 

CHAP.  XXIV. 

A  short  geographical  description  of  the  province  ;  and  additional  view 
of  its  present  state.  p.  485 

APPEN- 


CONTENTS. 
APPENDIX. 

NUMB.  I.  The  concessions  and  agreements  of  (he  lords  proprietors  of 

the  province  of  New  Ctexaria,  or  New- Jersey,  to  (did  with  <dl 

and  every  of  the  adventurers,  and  all  such  as  ahull  ncdle  or 

plant  there.  p.  5 1 2 

NUMB.  II.   The  concessions  and  agreements  of  the  proprietors,  freehold' 

ers  and  inhabitants  of  the  province  of  West  Nevr  Jersey,  in 

America.  p.  5  '11 

NUMB.  ni.  A  brief  account  of  the  province  of  East- Jersey,  in  A  merlca, 

published  by  the  present  proprietor^  for  information  cf  (dl 

such  persons  who  are  or  may  be  inclined  to  settle  themselpfK, 

families  and  servants,  in  that  country.  f).   r)30 

NUMB.  IV.   Governor   Coxe's  narrative  relating   to    the  division  lite, 

directed  to  the  council  of  proprietors  of  Went- Jersey. 

p.  540 

NUMB.  v.     The  council  of  proprietors  of  West-Jersey  to  governor  Bur- 
net,  p.  5ol 
NUMB.  Yl.  Reasons  and  proposals  for  an  amendment  of  the  (juinti- 
partite  line,  and  the  act  made  for  the  confirmation  thereof. 

p.  554 

NUMB.  VII.  Minute  of  the  council  of  proprietors,  held  at  the  city  of 

Perth- Amboy,  August  17,  1742.  p.  555 

NUMB.  VIII.  The  remonstrance  and  humble  petition  of  the  inhabitants 

of  East  New-Jersey.  p.  558 

NUMB.  IX.  The  memorial  of  the  proprietors  of  East  New -Jersey. 

p.  5GO 

NUMB.  X.  Opinion  and  answer  to  the  lord  commissioners,  &c.     p.  562 

NUMB.  xi.  Memorial  of  the  East  Jersey  proprietors  to    the  lord*  of 

trade.  p  504 

NUMB.  XII.  The  petition  of  the  proprietors  o/East  and  West  Jersey, 

to  the  lords  justices.  p.  565 

NUMB.  XIII.  Representation  of  the  lords  of  trade  to  the  lords  justices. 

p.  566 

NUMB.  XIV.  The  memorial  of  the  proprietors  of  East  and  West  Jersey. 

p.  570 


THE 


THE 


PREFACE. 


ALTHOUGH  among  the  following  Papers 
there  are  some  of  consequence  in  point  of  interest 
to  most  concerned  in  the  province  of  New- Jersey, 
scrcral  of  them  were  not  to  be  found  on  record  in  the 
pnblick  offices,  several  were  scattered  in  different  provinces, 
others  could  not  be  easily  obtained,  some  thoj  in  pt*int 
formerly  were  in  but  few  hands,  some  never  made  publick, 
and  many  in  danger  of  being  lost ;  on  this  account  what- 
ever success  may  attend  this  undertaking  as  to  the  general 
design,  or  disposition  of  the,  facts,  'tis  some  satisfaction, 
that  the  labour  of  collecting  them  cannot  be  altogether 
useless. 

Whoever  will  be  at  the  trouble  of  an  enquiry  into  the 
general  inexperience  and  methods  of  colonizing  formerly,, 
especially  at  the  time  the  settlements  here  were  first 
attempted  under  grants,  will  find  but  little  reason  to  doubt, 
that  views  of  permanent  stability  to  religious  and  ciril 
freedom,  must  have  been  the  inducement  to  the  original 
adventurers  to  think  of  such  a  voyage.  The  New-  England 
governments  had  before  been  considerably  settled  from 
motives  of  a  like  kind  ;  these,  thoj  near  forty  years  later  in 
tlieir  removal,  were  also  protestant  dissenters,  and  involved 
in  the  general  insecurity,  that  such  with  reason  appre- 
hended in  the  reign  of  king  Charles  tJie  second  ;  and  the 
actual  sufferings  of  many,  through  the  mistaken  policy  of 
tfiat  time,  merely  j 'or  a  free  exercise  of  their  religious  senti- 

11  ments 


xii  PREFACE. 

merits,  with  their  own  accounts  of  their  removal,  renders 
it  as  to  them  indisputable;  and  in  this,  as  they  do  not 
appear  to  have  been  charg'd  with  any  indirect  violation  of 
religious  integrity,  so  no  instance  occurs  of  dissatisfaction 
among  themselves,  the?  many  of  them  were  remarkably 
tender  on  that  head  ;  with  the  motives  above,  some  of  them 
had  without  doubt,  a  distant  prospect  also  of  improving 
their  estates  ;  but  this  could  not  be  the  case  so  much  at  first 
as  afterwards. 

However  smooth  the  passage  may  look  now,  it  must  be 
a  reasonable  supposition,  that  persons  and  families,  who 
lived  well  (which  was  the  circumstance  of  many  of  the 
settlers  of  this  province)  found  it  no  inconsiderable  trial, 
to  unsettle  and  remove  3000  miles ;  besides  parting  with 
the  u&ual  connections  of  friendship  and  neighbourhood,  it 
was  in  a  great  measure  an  unprov'd  experiment ;  and  then 
much  out  of  the  common  course  of  things :  The  navigation 
also  to  this  part  of  the  continent,  for  want  of  experience, 
look'd  difficult,  and  the  wilderness  formidable  ;  but  what- 
ever were  their  motives,  they  successively  encountered 

«/  t/ 

the  hazards  and  hardships  to  which  the  enterprise  was 
exposed;  and,  at  tlieir  own  expense,  by  the  blessing  of 
divine  providence  on  their  labour,  frugality  and  industry , 
laid  the  foundation  for  the  present  improvement  of  terri- 
tory to  the  mother  country ;  which,  tho'  not  in  many 
respects  to  be  compared  to  colonies  of  greater  extent  and 
growth,  is  nevertheless  a  link  in  the  chain  of  some  consi- 
derable importance. 

That  a  century  should  pass,  ana  very  little  appear 
abroad  of  what  the  settlers  here  have  been  doing,  is  not 
so  much  to  be  wondered  at,  when  their  difficulties  in 

procuring 


PREFACE.  xiii 

procuring  the  conveniencies  of  living  are  consider' d ;  but 
this  will  hardly  be  allow'd,  when  the  too  genei^al  negligence 
as  to  particular  rights  of  individuals,  and  the  reputation 
of  civil  policy  comes  in  question :  TUl  very  lately,  a 
variety  of  matters  of  that  kind,  were  as  much  secrets  to 
most  of  the  inhabitants,  as  they  commonly  are  to  strangers  ; 
and  yet  in  many  parts  of  the  province,  are  justly  made 
tfie  subject  of  general  complaint. 

Whether  the  endeavours  here  used  for  bringing  these 
into  one  historical  view,  will  sufficiently  answer  the  pur- 
poses of  a  more  general  information,  must  now  be.  submitted 
to  experience  ;  they  were  undertaken  with  hopes  of  service 
to  the  province,  and  if  found  but  in  a  small  degree  con- 
tributing to  that,  the  end  is  so  far  answered :  With  this 
view,  they  were  several  years  since  designed  for  the 
publick,  and  nearly  prepared  ;  but  other  occasions  inter- 
fering, necessarily  delayed  their  appearance  much  longer 
than  was  expected.  Being  sent  to  the  press  sometime  in 
the  last  spring,  no  transaction  that  hath  happened  since, 
could  be  included,  or  is  in  any  respect  alluded  to  :  On  a 
continuation,  these  will  of  course  follow  in  their  places. 

To  a  collection  principally  intended  to  consist  of  a  plain 
state  of  facts,  much  need  not  be  premised  ;  this  may  with 
justice  be  said,  that  through  the  whole,  the  strictest 
impartiality  has  been  attended  to,  and  if  in  other  respects 
executed  according  to  intention,  they  are  offered  to  the 
publick,  with  as  few  material  omissions,  as  the  present 
opportunities  of  collecting  would  allow  ;  yet  the  diffidence 
attending  an  attempt  from  papers  in  great  part  not  used 
before  on  the  like  occasion,  would  plead  for  some  allowances 
as  a  few  mistakes,  especially  in  dates,  and  other  minutiae,. 

amony 


xiv  PREFACE. 

among  the  smaller  fads,  may  have  escap'd,  notwith- 
standing an  assiduous  care  to  avoid  them  ;  but  these  it  is 
hoped  will  not  be  found  so  considerable,  as  to  obstruct  the 
service  intended. 

As  nothing  is  aim'd  at,  more  than  a  fair  and  candid 
representation;  any  friendly  hints,  or  materials  necessary 
either  for  collection  or  improvement,  will  be  thankfully 
received,  and  the  first  opportunity  embraced  to  apply  them 
accordingly. 

BURLINGTON,         ) 

•6th  October,  1765.      / 


THE 

HISTORY 

O  F 

NEW -JERSEY. 

CHAP.    I. 

A  brief  view  of  the  discovery  of  America,  and  of  the 
present  prevailing  opinion  respecting  the  manner  it 
originally  became  peopled. 

HE  first  effectual  discoverers  of  ^0,2.* 
America  among  the  moderns,  were 
Christophoro  Colon,  or  Colombo, 
and  Americo  Vespucci,  or  Vesputius ; 
of  these  the  former  is  supposed  to 
have  been  a  Genoese  by  birth,  the 
other  a  native  of  Florence :  From  him  the  new 
world  took  its  name,  yet  his  history  in  other  parti- 
culars is  too  intricate  to  afford  much  satisfaction.**- 

That 

a.  He  made  two  voyages  in  1497  and  149S,  in  the  service  of 
Spain:  Another  in  1501,  in  the  service  of  Portugal:  In  the  first 
he  fell  in  among  the  Caribbee  islands  ;  and  the  last  with  three  ships 
arrived  to  and  discovered  the  eastern  continent  of  America,  111 
live  degrees  of  south  latitude. 

'I  America  is  a  more  common  than  fitting  name,  seeing  Americus 
il  \V-|>ucius  the  Florentine,  from  whom  this  name  is  derived,  \v;is 
"not  the  first  tinder  nor  author  of  that  discovery:  Columbus  will 
"challenge  that,  and  more  justly,  with  whom  and  under  whom 
"  Americus  made  his.  first  voyage;  howsoever  after  that  he  coasted 
"  a  great  part  of  the  continent  which  Columbus  had  not  seen,  at 
"  the  ehar^es  of  the  Castilian  anil  Portugal  kings;  but  so  it  might 
"more  rightly  be  termed  Cabotia  or  Sebastiana,  of  Sebastian  Cabot, 

A  "a 


2  THE    HIST GEY 

A.  D.        That  of  the   first   under   the   well-known    name    of 
Columbus       Christopher   Columbus,   is   readily  traced;    with   him 
therefore   we   begin,   as   the   person    principally   con- 
cerned in  the  discovery. 

He  had  applied  himself  to  the  study  of  astronomy 
and  geography,  and  very  early  appeared  to  have  a 
more  than  common  desire  to  understand  the  state  of 
all  countries  upon  the  face  of  the  globe,  and  to  make 
new  discoveries ;  which  probably  was  his  reason  for 
settling  at  Lisbon,  no  nation  .having  push'd  their 
discoveries  further  than  the  Portuguese  at  that  time; 
here  he  employed  himself  in  drawing  maps  and, 
charts,  and  preparing  himself  for  future  enterprizes. 
He  married  and  settled  in  Lisbon,  was  of  a  good 
family,  a  grave  and  temperate  man,  6-  of  competent 
learning,  studious  in  the  mathematicks,  and  from 
his  youth  bred  to  navigation. 

What  the  particular  motives  were  that  induced 
him  to  search  after  this  new  world,  are  not  certainly 
known;  some  attribute  it  to  informations  he  had 
received,  others  to  his  skill  in  the  nature  of  the  globe ; 
that  this  made  him  conclude  it  probable  there  must 
be  a  great  tract  of  land  to  the  westward  of  Spain, 
that  it  was  not  to  be  imagined  the  sun  when  it  set  in 

that 

"a  Venetian,  which  discovered  more  of  the  continent  than  they 
"both,  about  the  same  time,  first  employed  by  king  Henry  the 
"seventh  of  England. — Columbus  yet  as  the  first  discoverer  deser- 
"  veth  the  name,  both  of  the  country  for  the  first  finding,  and  of 
"  modesty,  for  not  naming  it  by  himself,  seeking  rather  effects 
"  than  names  of  his  exploits."  Purchas's  Pilgrim,  p.  792. 

b.  His  son  who  wrote  his  history,  says,  he  was  moderately  tall 
and  long  visaged,  his  complexion  a  good  red  and  white,  that  he 
had  light  eyes,  and  cheeks  somewhat  full,  but  neither  too  fat  nor 
too  lean;  that  in  his  youth  he  had  fair  hair,  which  turned  grey 
before  he  was  thirty  years  of  age;  that  he  was  moderate  in  eating 
and  drinking,  affected  a  plain  modest  garb  or  dress ;  that  he  was 
naturally  grave,  but  affable  to  strangers,  and  pleasant  frequently 
among  his  domestics,  strict  and  devout  in  religious  matters,  and 
tho'  a  seaman,  was  never  heard  to  swear  or  curse. 


OF    NEW-JERSEY. 

that  horizon   gave  light  to  nobody :    Whatever   gave        A.  D. 
rise  to  the  project,  a  discovery  he  resolved  to  attempt, 
and  being  unable  to  do  it  at  his  own  charge,  he  first 
offered  his  service  to  the  Genoese,  next  to  the  king  of 
Portugal;     not    meeting    with     encouragement    from 

either,  he  sent  his  brother  Bartholomew  to  England,  , 8ends  his 

-T7-.         TT  brother 

to  otter  his  service  to  Henry  the  seventh :  King  Henry  Bartholo- 

approved  his  proposals ;   but  the  brother  on  his  return  ™ew  to  .. 
being   taken   by   pirates,  and    Columbus  receiving  no 
answer,  left   Portugal    and    went   to  Spain:     On    his 
application  to  Ferdinand  and  Isabella,  king  and  queen 
of   Castile  and   Arragon,  he  succeeded   so  well,  that 
in  the  year  1492,  they  provided  him  with  money,  and 
entrusted  him  witft  three  small  ships  for  the  expedition ; 
he  also  obtained  a  grant  from  them  to  be  admiral  of 
the  western  seas;    all   civil   employments   as  well   as 
governments  in  the  continent  or  world  to  be  discovered 
were  to  be  wholly  at  his  disposal;    and    besides    the 
revenues  of  the  posts  of  admiral  and  vice-roy,  he  was 
to  enjoy  a  tenth  of  all  the   profits   arising  by  future    sail3  with 
conquests ;  his  little  squadron  manned  only  with  ninety 
men  set  sail  from  Palos  for  the  Canaries  the  third  of 
the  month  called  August,  1492,  and  arriving  at  those 
islands  the  twelfth,  sailed   from    thence    the    first   of 
September,  upon  his  grand  design :   he  had  not  sailed 
a  fortnight  to  the  westward  before  his  men  began  to 
murmur   at   the  enterprize;    they  observed   the   wind 
constantly   set   from   east   to   west,   and    apprehended 
there    would    be   no   possibility  of  returning  if  they 
missed   the  land  they  were   made   to   expect;    on  the 
nineteenth  observing  birds  to  fly  over  their  ships,  and 
on    the   twenty-second    weeds   driving  by  them,  they 
beiran  to  be  better  satisfied,  concluding  they  were  not 
far  from    land :    they   continued    their   course   several 
days  further  westward,  and  meeting  with  no  land,  the 
seamen  mutinied  to  that  degree,  that  they  were  almost 

ready 


4  .     THE    HISTORY 

A.  D.  ready  to  throw  the  admiral  overboard,  and  return 
home,  when  happily  for  him  they  saw  more  birds, 
weeds,  pieces  of  boards,  canes,  and  a  shrub  with  the 
berries  upon  it,  swim  by  them,  which  made  them 
conjecture  there  must  be  islands  thereabouts:  It  was 
on  the  eleventh  of  October,  about  ten  at  night,  that 
the  admiral  first  discovered  a  light  upon  the  island  of 
His  first  GuanaJumijC-  or  Si.  /S'a/tw/or,  as  he  named  it,  in  con- 
discovery,  gyration  that  the  sight  of  it  delivered  him  and  his 
men  from  the  fear  of  perishing:  It  is  one  of  the 
Bahama  islands,  about  fifteen  leagues  long,  in  the  north 
latitude  of  15  degrees.^-  Day  appearing,  the  ships 
came  to  anchor  very  near  the  island;  the  natives 
crowded  the  shore,  and  beheld  the  ships  of  these  new 
comers  with  astonishment,  taking  them  for  living 
creatures.^.  The  admiral  believing  there  was  no  great 
danger  to  be  apprehended  from  them,  went  ashore  in 
his  boat,  with  the  royal  standard,  as  did  the  other  two 
captains,  with  their  colours  flying,  and  took  possession 

of 

c.  A  bay  or  harbour  of  sea  or  water. 

d.  All    that   is    commonly   remembered   of  the  sailor   who  first 
discovered   land,   is,   that   expecting  some  grot    reward    from    the 
king  of  Spain,  and  disappointed,  fre  took  it  in   his 'head  in  a.  rage 
to  renounce  Christianity,  and  turn'd  Mahometan. 

e.  One  of  the   Iliver  Indians,   in    his    speech    at    the   treaty   of 
Albany,  1754,  relates  the  surprize  of  their  forefathers  at   U>e  sight 
of  the  first  ship  that  came  up  the -North  river  in  the  <ame  manner; 
his    speeeii    so    far    as    relates    to    this    subject    \v  is    a>    followeth: 
'  FATIIKKS.  we  an.    greatly  rejoiced   to  see  you   all    heiv;    it    is   by 
'the  will   of  hen  veil   that  we   are   met    here,  and  we    thank    you   for 
'this   opportunity    of  seeing    vou    altogether,    MS    it    is   a    long    while 
'since  we  had  such  a  one:    FATHEKS  who  sit    pre-ent    hen-,  we  will 
'just   give  yon  a  short   relation   of  the   iong   fri-  nd-h.ip  which    h  ttli 
'subsisted    between    the  white    people  of  this   country  and    IH  :    our 
'forefathers  had  a  castlr  on  thi-   river;    as  one   of  them  \\.ilk-d    out 
'he  saw   something  on    the   river,  but   was   at    a    los<   to   know  what 
'it  was;  he  took  it  at  first  for  a  great   ii-h  ;    he   ran    into  th"  castle, 
'and    gave    notice    to   the    other    Indians;    two    of   our    fonfithers 
4  went    to   see    what    it  was.  and    found    it    a  ves-el    with    IIP  n    in    it; 
'they  immediately  joined  hands  with  the  people  in   the  vessel,  and 
*  became  friends.' 


OF    NEW- JERSEY. 

of  the  country  in  the  mum",  of  the  king  and  queen  of  A.  D. 
Spain  with  great  solemnity;  the  Indians  mean  while 
Stood  gazing  at  the  Spaniards  \vithont  attempting  to 
oppose  them.  Tile  admiral  ordered  strings  tit'  glass  beads, 
cap-  and  toy.-  to  be  distributed  among  the  natives,  with 
which  they  seemed  much  pleased  :  The  principal  orna- 
ment about  them  was  a  thin  gold  plate  in  the  form  of  a 
crescent,  hanging  from  the  IMKC  oyer  the  upper  lip; 
the  admiral  demanding  bv  signs  whence  they  had  their 
gold  plates,  thev  pointed  to  the  smith  and  south-west; 
he  rowed  in  his  boats  about  the  island,  to  discover  if 
there  was  any  thin^  worth  his  settling  there,  followed 
by  the  natives  every  where,  who  seem'd  to  admire 
him  and  his  people  as  something  more  than  human: 
From  this  island  masting  southward  180  leagues,  he 
arrived  at  another,  which  he  called  Hispaniola,  where  discovers 
his  own  ship  striking  on  a  hidden  rock  was  lost;  he  H1SPUU1°- 
and  his  crew  were  taken  on  board  one  of  the  other 
Is;  landing  here,  the  natives,  instead  of  behaving 
as  the  others  had  done,  tied  from  him;  but  taking 
one  of  their  women,  treating  her  kindly,  and  then 
letting  her  go  back  among  them,  she  brought  num- 
ber- to  trath'ck,  who  seem'd  very  peaceably  dispos'd; 
and  by  some  means,  or  other  finding  there  were  gold 
mines  in  this  island,  Columbus,  aided  by  the  natives, 
built  a  fort,  left  thirty-nine  men,  with  provisions  for 
a  year,  seeds  to  sow,  and  trinkets  to  trade  with  the 
natives:  After  discovering  a  good  part  of  the  north 
and  east  coast  of  Eispaniola,  trading  with  the  Indians 
in  diverse  place,  and  near  three  months  stay  in  the 
island,  he  bent  his  coiir-c  homewards,  and  arrived  at  returns. 
Palos,  in  Andalusia,  early  in  the  spring  1492,  3;  1493. 
having  perform'd  the  voyage  in  seven  months  and 
eleven  days:  Here  the  people  received  him  with  a 
solemn  procession  and  thanksgiving  for  his  return, 
most  of  his  M-amen  belonging  to  that  port;  the  king 

and 


6 


THE    HISTOEY 


A.D. 

1493. 


Cabot's 


1497. 
adventure. 


finds 
Greenland 


and  New- 
foundland 


and  queen  of  Spain  being  at  Barcelona,  when  the 
admiral  drew  near  the  city,  the  court  went  out  to  meet 
him ;  he  was  receiv'd  with  the  honors  due  to  a 
sovereign  prince :  Having  given  an  account  of  his 
voyage,  he  begged  to  be  equipped  according  to  the 
dignity  of  his  character  of  admiral  and  viceroy,  that 
he  might  plant  colonies  in  the  places  he  had  thus 
discovered,  which  was  readily  granted ;  and  he  after- 
wards made  diverse  other  voyages  to  America./- 

The  fame  of  the  discovery,  and  of  the  rich  cargoes 
brought  to  Old  Spain  at  several  times  from  thence, 
being  spread  through  other  nations,  gave  rise  to  other 
adventurers.  The  next  attempt  was  made  by  Sebastian 
Cabot,  a  Venetian  by  extraction,  but  born  in  England, 
and  being  much  given  to  the  study  of  navigation,  and 
well  skilPd  in  cosmography,  he  believed  there  might 
be  a  passage  found  by  the  north-west  to  the  East 
Indies  shorter  than  that  lately  discovered  by  the  Cape 
of  Goodhope ;  he  made  Interest  with  Henry  the 
seventh  of  England,  who  fitted  out  two  ships  to 
make  the  discovery. 

In  1497,  Cabot  sailed  from  Lisbon,  in  the  begin- 
ning of  summer,  and  steering  his  course  north-west, 
came  up  with  land  about  60  degrees  north  latitude, 
supposed  to  have  been  Greenland ;  9-  but  perceiving 
the  land  still  run  north,  he  changed  his  course,  in 
hopes  of  finding  a  passage  in  less  latitude.  About  the 
50th  degree,  he  saw  that  which  is  now  well  known  by 
the  name  of  Newfoundland  :  Here  he  took  three  of 
the  natives,  and  coasted  southward  to  the  latitude  of 

38 

/.  He  died  in  the  city  of  Validolid  in  Spain,  in  the  spring  1506, 
and  was  buried  in  the  cathedral  of  Seville,  with  this  inscription  on 
his  tomb,  that  Columbus  had  given  a  new  world  to  Castile  and  Leon. 

g.  This  country  is  considered  as  part  of  the  American  continent, 
both  by  Hornius  and  Grotius.  Grotius  aptid  Horn,  de  orig.  Gent. 
American,  Lib.  iii.  c.  5,  6,  pa.  149>  162.  ut  et  ipse  Horn.  ibid. 


OF    NEW- JERSEY. 

38  degrees ;  (about  Maryland)  his  provisions  growing  A.  D. 
scarce,  and  no  supplies  there  to  be  expected,  he  re- 
tun  I'd  to  England^  where  the  natives  he  brought  lived 
a  considerable  time.'*-  From  this  voyage  and  discovery 
made  by  Cabot,  the  English  have  claimed  the  country 
ever  since,  from  the  well  known  Jus  Gentium,  LAW 
OF  NATIONS,  that  whatever  waste  or  uncultivated 
country  is  disco'vered,  it  is  the  right  of  that  prince 

who 

h.  '  King  Henry  vii.  commissioned  John  Cabot  (5th  of  March, 
'in  the  eleventh  year  of  his  reign)  and  his  three  sons,  to  sail  in 
'quest  of  unknown  lands,  and  to  annex  them  to  the  crown  of 
'England;  with  this  clause,  which  before  this  time  have  been  un- 
'kiiuu'n  to  all  Christians*  His  first  essay  as  related  by  sir  Humphry 
'Gilbert,  who  was  employed  in  the  like  service  afterwards  by 
'queen  Elizabeth,  was  to  discover  a  north  west  passage  to  Cathay 
'or  China;  in  which  voyage  he  sailed  very  tar  eastward,  with  a 
'quarter  of  the  north,  on  the  nortn  side  ot  Terra  de  Labrador, 
'till  he  came  into  the  north  latitude  of  sixty  seven  degrees  and  a 
'half  In  his  next  voyage,  which  was  made  with  his  son  Sebastian, 
'in  the  year  1497;  he  steered  to  the  south  side  of  Labrador,  nnd 
'fell  in  with  the  island  of  Baccalaos,  which  is  Newfoundland,  and 
'took  possession  both  of  that  island  and  all  the  coast  of  the  north 
'east  part  of  America,  as  far  as  Cape  Florida;  which  he  also  by 
'lauding  in  several  parts  of  it,  claimed  in  the  name  of  his  master, 
'the  king  of  England. 

'In  the  memory  of  this  discovery,  and  by  way  of  evidence,  there 
'was  a  map  or  chart  of  the  whole  coast  of  North-America  drawn 
'  by  Sebastian  ( 'allot  himself,  with  his  picture  and  this  title,  Effigies 
'Seb.  Caboti  Angli,  Filii  Jo.  Caboti,  Venetiani,  Militis  Aurati, 
'A:r.  and  with  the  following  account  of  the  discovery  above  men- 
'  tioued, 

"  In  the  year  of  onr  Lord  1497,  John  Cabot,  a  Venetian,  and 
"his  son  Sebastian  (with  an  English  fleet)  set  out  from  Bristol, 
"and  discovered  that  land,  which  no  man  had  before  attempted. 
"  This  discovery  was  made  on  the  24th  of  June  about  five  o'clock 
"  in  the  morning.  This  land  he  called  Prima  Vista  (or  the  first 
because  it  was  that  part,  of  which  they  hud  the  h'rst  sight 
"from  the  sea.  It  is  now  called  Bonavista.  The  island,  which  lies 
"out  before  the  land,  he  called  the  island  of  St.  John,  probably 
"because  it  was  discovered  on  the  festival  of  St.  John  Baptist." 

'This  map  was  hung  up  in  his  Majesty's  privy-gallery  at  White- 
'hall;  and,  it  is  to  be  feared,  the  nation  was  deprived  of  such  a 
'  valuable  testimonial  of  their  American  title  to  the  whole  coast  of 
'North-America,  by  the  fire  which  destroyed  that  gallery  in  the 
Mate  King  William's  reign".  Entick's  Gen.  Hist,  of  the  late  tear, 
Vol.  i.  p.  168,  &c. 


8 


THE     HISTORY 


A.  D.  who  had  been  at  the  charge  of  the  discovery.''-  This 
from  universal  suffrage  gives  at  least  a  right  of  pre- 
emption, and  undoubtedly  must  be  good  against  all 
but  the  Indian  proprietors^ 

We  have  seen  that  in  the  discovery  of  North  and 
South-America,  inhabitants  were  found  at  the  places 
touch'd  at ;  in  all  probability  they  were  as  plentifully 
dispersed  throughout  the  different  countries  of  Ame- 
rica ;  but  how  these  people  originally  came  there,  is  a 
question  not  easily  solved  ;  tho'  it  has  for' above  two 
centuries,  been  the  subject  of  much  enquiry,  it  is  not 
yet  arrived  at  a  decision.^-  All  therefore  that  can  be 
done,  is  to  give  a  short  view  of  the  most  probable 
conjectures  that  have  been  hitherto  offered. 

It  is  not  unlikely  the  new  world  was  known  to  the 
Phenicians,  even  a  considerable  time  before  the  days 
of  Plato;  who  in  all  likelihood  found  but  few  (if 
any)  inhabitants  there  ;  that  they  contributed  towards 
the  planting  of  it,  we  have  some  reason  to  believe,  as 
they  are  supposed  to  have  made  three  voyages  thither ; 
however  that  colonies  from  other  nations  crossed  the 
Atlantick,  and  landed  in  America,  cannot  be  well 
Egyptians  denied ;  neither  the  Egyptians  nor  Carthaginians  are 
and  Car-  supposed  void  of  some  traditional  knowledge  of  Ame- 
rica, since  they  are  believed"'-  to  have  communicated 

such 


Pheni- 
cians. 


i.  frrotiu*  de  jure  Lei  line  par-is,  Lib.  2.  Cap.  2.  Sect.  17.  Molloy 
de  jure  Mar.  422,  423.  Justinian  Jnst.  Lib.  2.  Tit.  J.  Sect.  12  & 
22. 

k.  Lex  Mercat.  156.  Molloy  ut  supra. 

1.  If  we  are  not  astonished  (says  Voltaire)  that  the  discmrrers 
found  flies  in  America  ;.  it  is  absurd  to  wonder  that  they  should  meet 
with  men.  Univ.  Hist.  If  European  whites,  and  African  negroes, 
are  not  descended  from  the  same  original  stock  ;  a  supposition  con- 
fessedly adopied  by  the  celebrated  historian,  (it  must  be  allow'd) 
easy  to  come  to  a  decision  in  the  present  case. 

???.  Perizonius  and  Cellaring  seem  to  have  inferr'd  from  thence, 
that  the  new  world  wa<  not  entirely  unknown  to  the  remoter  ages 
of  antiquity. 


OF     X  E  \V-.J  K  K  S  KY. 

such  knowledge  to  other  nations:  which  it'  we  admit,  A.  D. 
it  follow.-,  that  some  of  the  ancient  Kgyptians  and 
Carthaginians  had  been  tin-re,  and  contributed  to- 
wards  peopling  the  continent,  as  well  as  the  Phcnicians. 
The  Author  of  the  hook  <!<'  M'n'uhHihiis  Am/if,  stip- 
po-cd  to  be  Aristotle;  expressly  asserts  the  Carthagi- 
nians to  have  discovered  an  island  beyond  Heivn:- 
pillars,  abounding  with  all  necessaries,  to  which  they 
frequently  sailed;  and  there  several  of  them  even  fixed 
their  habitations;  but  the  senate,  adds  he,  would  not 
permit  their  subjects  to  go  thither  any  more,  lest  it 
should  prove  the  depopulation  of  their  own  country.^. 
Several  of  the  ordinal  American  nations  we  are  told, 
mif  fhrii'  (/ttrnu-ntx.  the  more  effectually  to  express 
their  grief  on  any  malancholly  occasion;  the  Hebrews, 
Persians,  Greeks,  Sabines,  and  Latins,  according  to 
various  authors,  did  the  same;  from  whence  some 
mav  pos>iblv  imagine,  that  those  Americans  deduced 
their  origin  from  one  or  more  of  those  nations;  but 
this  is  too  slender  a  foundation  for  such  belief:"-  So 
that  Menasseh  lien  Israel,  appears  to  have  wrongly 
concluded  from  thence,  that  the  Israelites  were  the  pro- 
genitors of  the  Americans.  Theophilus  Spi/elins 
seems  to  have  refuted  this  opinion  :  Though  the  Pheni- 
eians,  Egyptians  and  Carthaginians,  might  have 
planted  some  colonies,  yet  the  bulk  of  the  inhabitants 
must  certainlv  have  deduced  their  origin  from  another 
part  of  the  world:  Had  the  Phenicians  and  Kgvptians 

peopled 

7?.  Aristot  de  mund.  e.  3.  et  de  Mirah  Audit.  Christ.  Cellar, 
nhi  supra,  pa.  '2~>'.\.  .Jacoh  Peri/on  in  yElion.  Var.  Hist.  Lil>.  111. 
C.  18. 

o.  William  Pciin.  in  his  letter  to  the  committee  of  the  free  society 
of  traders  in  London,  in  1(!S:'>;  gives  a  short  sketch  of  his  opinion, 
touching  the  origin  of  the  Ind'ruis  here,  whom  he  imagines  to  be 
of  the  stock  of  the  .lew-,  that  after  the  dispersion  of  the  ten  trihes 
emigrated  through  the  easternmost  purls  of  Asia,  to  the  westernmost 
of  America. 


10  THE    HISTORY 

A.  D  peopled  even  a  considerable  part  of  America,  it  would 
scarcely  have  been  taken  so  little  notice  of  by  the 
antients;  even  supposing  those  nations  had  industriously 
endeavoured  to  conceal  their  western  discoveries ;  for  in 
such  case,  there  must  have  been  a  constant  communi- 
cation kept  open  between  America,  Egypt,  and  Pheni- 
cia,  and  a  very  extensive  trade  carried  on :  so  that 
many  particulars  relating  to  the  new  world,  must 
necessarily  have  transpired ;  nor  could  even  the  sailors 
themselves,  who  navigated  the  Phenician  ships,  have 
omitted  divulging  many  accounts  of  what  they  observed 
on  this  continent ;  some  of  which  would  undoubtedly 
have  been  transmitted  to  us. 

That  therefore,  the  Americans  in  general,  were 
descended  from  a  people  who  inhabited  a  country  not 
so  far  distant  as  Egypt  and  Phenicia,  must  be  admitted  : 
Now  no  country  can  be  pitched  upon  so  proper  and 
convenient  for  this  purpose,  as  the  north-eastern  part 
of  Asia,  particularly  great  Tartary,  Siberia,  and  more 
Karats-  especially  the  Peninsula  of  Kamtschatka ;  that  proba- 
bly was  the  tract  through  which  many  Tartarian  colo- 
nies passed  into  America,  and  peopled  the  most  consi- 
derable part  of  it.  This  however,  seems  the  most  pre- 
vailing opinion. 

There  is  great  reason  to  believe,  that  some  of  the 
western  provinces  of  North-America,  must  either  be 
continuous  to,  or  at  no  great  distance  from  the  north- 
eastern part  of  Asia;  which,  we  are  not  yet  informed; 
but  it  is  probable  east  of  Kamtschatka,  there  is  an 
immense  tract  approaching  to  North-America,  and 
that  to  this  day,  there  remains  at  least  a  kind  of  com- 
munication between  them,  by  means  of  a  chain  of 
islands ;  it  may  also  be  supposed  that  Asia  and  America, 
were  formerly  connected  by  an  isthmus,  which  might 
have  been  destroyed  by  an  earthquake :  such  a  supposi- 
tion may  be  supported  by  the  authority  of  those 

writers 


OF    NEW-  JERSEY.  11 

writers  who  have  rendered  parallel  instances  credible,  A.  D. 
such  as  the  disjunction,  of  Britain  from  Gaul,  and  Spain 
from  the  continent  .of  Africa :  A  communication 
between  Asia  and  America,  seems  agreeable  to  truth, 
not  only  from  what  has  been  advanced  by  Reland,  but 
from  the  discoveries  made  by  the  Russians ;  an  account 
of  which  we  find  in  the  publick  prints  of  the  year 
1737,  and  since:  According  to  these, 'some  of  the 
C/arina's  subjects  have  touched  at  several  islands, 
which  lie  at  a  distance  in  the  eastern  direction  from 
Japan  and  Kamtschatka,  and  consequently  between 
those  countries  and  America.  The  people  of  these 
islands,  in  some0  points  are  said  to  resemble  the 
Japanese,  and  to  use  pieces  of  money  with  characters 
not  unlike  those  of  Japan.  Leonard  Enler,  professor 
of  mathematicks,  and  member  of  the  imperial 
society  at  Petersburg!!,  seems  to  imagine,  that  the 
north-eastern  cape  of  Asia,  discovered  by  capt.  Behring, 
is  not  thirty  degrees  off  the  last  known  head-land  of 
California;  but  the  ingenious  Dobbs,  governor  of 
North-Carolina,  places  them  at  a  much  greater  dis- 
tance :  Be  that  however  as  it  may,  that  the  sea  between 
the  most  north-eastern  coast  of  Asia,  and  the  most 
western  part  of  California,  allowing  such  a  sea  to  California, 
exist,  is  interspersed  with  many  islands,  at  no  great 
distance  from  each  other,  may  be  very  naturally  sup- 
posed ;  nay,  if  any  credit  may  be  given  to  the  advices 
lately  received  from  Petersburg!!,  the  connection  of 
Asia  and  America,  or  at  least  the  communication 
between  them,  by  means  of  such  islands,  is  as  good 
as  discovered. 

That  part  of  America  next  to  Asia,  is  said  to  be 
much  more  populous  than  the  remoter  eastern  pro- 
vinces or  kingdoms;  which  is  a  manifest  indication, 
that  this  was  first  planted,  by  colonies  coming  from 
the  nearest  parts  of  Asia,  who  settled  here,  and  Asia, 

afterwards 


12  THE    HIS  TORY 

A.  D.      .  afterwards   spread  themselves  gradually  over  the  new 
1497 

world  ;  from  whence  we   mav  conclude,  that  .the  bulk 

of    the    Americans   are   descended    from    the   Tartars, 
Siberians,  and  people  of  Kamtschatkn. 

The  people  inhabiting  the  extreme  north-eastern 
part  of  Asia,  entirely  want  horses,  those  animals  not 
bciiiir  able  to  live  in  so  cold  a  region;  it  seems  to  be 
agreed,  that  no  horses  were  found  in  America,  at  the 
first  discovery  of  it ;  for  that  in  several  places,  the 
natives  used  rein  deer  and  large  mastiff  dogs  p  instead 
of  them,  as  many  of  the  posterity  of  the  antient  most 
northern  Scythians  or  Tartars  did.  The  Epicerini,  a 
people  of  Canada,  when  the  Europeans  first  came 
among  them,  asserted,  that  very  far  from  them,  in  a 
western  direction,  there  lived  a  nation,  who  affirmed 
that  foreign  merchants,  without  beards,  in  great  ships, 
frequently  visited  their  coasts:  we  are  also  told,  that  in 
<Q"ivira.  Q.uivira,  several  ships  have  been  found,  whose  sterns 
Avere  adorned  with  silver  and  gold,  which  was  a  dis- 
tinguishing characteristic!*  of  the  Chinese  and  Japanese 
ships,  according  to  some  good  authors :  That  some 
Chinese  vessels  of  considerable  force,  were  found 
wreck'd  in  the  Mare  del  nord,  above  Florida,  which 
might  have  been  the  same  with  those  seen  at  Quivira,  we 
learn  from  Ancosta.  In  Quatulia  too,  a  tradition  pre- 
vailed, intimating  that  foreign  merchants  after  a  leng 
journey  from  the  westward,  arrived  there,  and  that 
these  merchants  were  cloathed  in  silk :  From  whence 
we  may  collect,  that  the  Chinese  visited  America,  and 
•communicated  some  of  their  customs  to  the  people  of 
that  country,  1  especially  as  the  Chinese  manner  of 

writing 

p.  Some  of  the  back  Indians  beyond  Detroit,'now  make  use  of 
dogs  to  draw  wood  and  other  matters  on  sleds. 

q.  The  people  (says  M.  de  Guignes,  in  a  memoir  upon  the  ancient 
navigations  of  the  Chinese  to  America)  whom  we  have  always  be- 
lieved to  have  been  confin'd  within  the  bounds  of  their  own  country, 

penetrated. 


OF    NEW-  JERSEY.  .ia 

writing  in  Hieroglyphics,  sufficiently  agrees  with  the  A.  I_>. 
American  dialect.  We  learn  from  Hornius,  the 
Hunns,  or  at  least  a  branch  of  that  people,  placed  in 
the  farthest  part  of  Asia,  had  the  appellation  of 
Cunadani,  or  Canadaui,  from  Conad,  a  place  not  far 
from  the  sea,  where,  some  of  them  had  their  situation; 
hence  we  find  a  city  in  the  upper  Hungary,  built  by 
their  descendants,  denominated  Chonod,  or  Chunad, 
the  inhabitants  of  which,  and  those  of  the  neighbouring 
district,  still  retain  the  name  of  Chonadi,  or  Cunadi  ; 
from  these  Hornius  believes  the  natives  of  Canada  to  Canada. 
have  deduced  both  their  origin  and  denomination. 

Xo 

penetrated  into  America  in  the  year  4o8  of  the  Christian  ;vra.  That 
they  went  thither  by  Japan  and  the  countries  of  Ven-chin  and  Ta- 
han.  By  considering  what  the  Chinese  geographers  say  of  the  distance 
and  productions  of  these  remote  regions,  he  proves  that  Ven-chin 
is  Jrsso  or  Yedzo,  and  that  Ta  han  is  the  most  eastern  part  of  the 
north  of  A'sia.  From  thence  the  Chinese  sailed  towards  the  east, 
and  tell  in  with  the  country  of  Fou-sang,  which,  according  to  the 
Chinese  distances,  should  lie  to  the  north  of  California.  He  gives 
us,  from  the  annals  of  China,  a  short  account  of  the  manners  of  the 
inhabitants  of  Fou-sang  ;  he  informs  us  further,  that  several  islands 
in  the  south  sea  were  known  to  the  Chinese;  and  also  that  coast 
which  John  de  Sama  discovered  in  his  passage  from  China  to  Mexico. 
To  give  a  more  exact  idea  of  these  navigations,  M.  de  Buache  hath  ' 
constructed  a  chart,  on  which  he  hath  traced  with  a  great  deal  of 
accuracy,  the  route  of  the  Chinese,  arid  noted  the  distances  of  the 
several  countries.  By  this  chart  it  appears,  that  the  geography  of 
these  parts,  taken  from  the  ancient  books  of  the  Chinese,  agrees 
very  well  with  the  late  discoveries  of  the  Russians.  To  this  chart 
is  added  part  of  another  ancient  chart  drawn  by  the  Japonese,  in 
which  are  laid  down  the  north  of  Asia,  and  all  the  western  coast  of 
America,  according  to  the  knowledge  they  had  of  it.  This  conti- 
nent there  appears  entirely  terminated  on  the  side  of  Asia,  and  we 
tin  I-.-  see  tin-  isles  which  have  been  lately  known  to  the  Russians 
only  ;  and  this  proves  the  truth  of  the  former  Japonese  discoveries. 
This  chart  was  brought  from  Japan  by  the  celebrated  Kempfer,  and 
afterwards  lodg'd  in  the  cabinet  of  the  deceased  Sir  Hans  Sloane, 
president  of  the  royal  society  of  London,  who  sent  a  copy  of  it  to 
M.  de 


Alter  having  determined  the  situation  of  all  the  countries  to  the 
east  of  China,  M.  de  (inium-s  remarks,  thai  Chr.  Columbus  was 
not  the  first  who  attempted  discoveries  towards  the  west:  Long  be- 

fore 


14  THE    HISTORY 

A.  D.  No  small  accession  of  strength  will  be  brought  to 

the  opinion  before  advanced,  with  respect  to  the 
peopling  of  America,  by  one  particular  incident, 
mentioned  in  a  short  narrative  of  the  late  discoveries 
of  the  Russians.  They  found  peopled,  as  should  seem, 
captain  Behring's  new  land  before  mentioned,  above 
fifty  German  miles  to  the  east  of  Kamtschatka ;  for 
coming  to  the  entrance  of  a  great  river,  he  sent  his 
boats  and  men  ashore,  but  they  never  returned,  being 
probably  either  killed  or  detained  by  the  natives ;  nay, 

the 

fore  him,  the  Arabians,  whilst  they  were  masters  of  Spain  and  Por- 
tugal, enterprized  the  same  thing  from  Lisbon  ;  hut  after  having 
advanced  far  to  the  west,  they  were  obliged  to  put  back  to  the 
Canaries ;  there  they  learnt  that  formerly  the  inhabitants  of  these 
islands  had  sailed  towards  the  west  for  a  month  together,  to  discover 
new  countries.  Thus  we  see,  that  the  most  barbarous  people,  with- 
out the  knowledge  of  the  compass,  were  not  afraid  to  expose 
themselves  to  the  open  sea  in  their  slight  small  vessels,  and  that  it 
was  not  so  difficult  for  them  to  get  over  to  America,  as  we  imagine. 

These  researches,  which  of  themselves  gives  us  a  great  insight 
into  the  origin  of  the  Americans,  led  M.  de  Guignes  to  determine 
the  rout  of  the  colonies  sent  to  this  continent.  He  thinks  the  greatest 
part  of  them  passed  thither  by  the  most  eastern  extremities  of  Asia, 
where  the  two  continents  are  only  separated  by  a  narrow  streight, 
easy  to  cross.  He  reports  instances  of  women,  who  from  Canada 
and  Florida,  have  travelled  to  Tartary  without  seeing  the  ocean. 

The  commerce  of  the  Chinese  would  naturally  open  a  way  to 
America,  augment  the  number  of  the  inhabitants,  and  contribute 
to  polish  them.  On  this  occasion  M.  de  Guignes  observes,  that  the 
most  civilized  nations  of  the  American  continent  are  situated  on  the 
coast  which  Jooks  towards  China,  and  that  they  come  originally 
from  the  north  of  America,  i.  e.  from  the  neighbourhood  of  those 
countries  where  the  Chinese  landed,  as  Quivin  and  New  Mexico, 
whence  the  Mexicans  came  to  settle  in  Mexico,  properly  so  called, 
after  having  expelled  the  ancient  inhabitants. 

M.  de  Guignes  cites  some  authorities,  which  give  us  reason  to 
believe,  that  the  streights  of  Magellan  were  known  to  the  Chinese, 
and  that  the  Coreans  had  a  settlement  in  Terra  del  Fuego.  These 
navigations  of  the  Chinese,  and  of  the  most  uncivilized  nations, 
incline  him  to  believe,  that  the  people  dispersed  in  the  isles  to  the 
south  of  the  Indies,  after  having  multiplied,  migrated  from  island 
to  island,  and  by  means  of  that  chain  of  islands  which  reaches  al- 
most to  America,  insensibly  approached  that  continent.  The  exam- 
ple of  the  inhabitants  of  the  Canaries  gives  a  probability  to  this 
•conjecture.  Gentleman's  Magazine,  1753,  p.  607. 


OF    NEW- JERSEY  15 

the  publiek  prints  in  October,  1737,  mention  some  A.  D. 
particulars  relating  to  the  inhabitants  of  certain  islands 
between  Kamtschatka/-  Japan,  and  America,  which 
seem  to  carry  with  them  an  air  of  authority.  This  will 
amount  to  a  fair  presumption,  that  the  islands  or  con- 
tinent between  Kamtschatka,  Japan,  and  California, 
still  unknown  to  the  Europeans,  are  likewise  inhabited; 
and  if  so,  that  those  inhabitants  must  have  advanced 
gradually,  from  Tartary,  Japan,  and  Kamtschatka 
to  the  places  wherein  they  are  fixed :  From  whence  we 
may  infer,  that  even  the  natives  of  California,  and  the 
adjacent  parts  of  America,  took  originally  the  same 
route;  for  that  Tartary,  and  Japan,  must  have  been^ 
peopled  before  Arfterica,  as  lying  nearer  to  the  land 
of  Shinar,  where  the  whole  race  of  mankind  was 
"assembled  before  the  dispersion,  will  admit  of  no 
dispute;  and  that  America  should  have  received  many 
colonies  from  such  neighbouring  countries  as  Tartary, 
Japan,  and  Kamtschatka,  whether  they  are  continuous 
or  contiguous  to  it,  or  connected  with  it,  by  some 
intermediate  continent,  chain  of  islands,  &c.  is  very 
natural  to  suppose.^  So  that  from  the  tract  lately 
discovered  to  the  east  of  Japan  and  Kamtschatka,  and 
the  people  settled  there,  we  may  infer  the  probability 
of  America's  being  planted  in  part  by  colonies  drawn 
from  the  north-eastern  regions  of  Asia ;  for  by  such  dis-  Asia. 
covery,  a  nearer  approach  is  made  from  Japan  and 

Kamtschatka, 

r.  The  new  history  of  Kamtschatka,  lately  published  in  the 
IJu— inn  language,  and  translated  into  English  by  J.  Grieve,  M.  D. 
gives  :i  particular  description  of  the  customs  and  way  of  living  of 
the  inhabitants  there,  which  agrees  in  several  particulars,  and  in 
the  whole  manner  seems  not  very  different  from  the  original  customs 
of  the  North  American  Indians.  For  a  brief  account  of  this  history, 
see  Monthly  Review,  vol.  30,  p.  282. 

«.  Vide  a  memoir  of  M.  Le  Page  du  Pratz,  containing  an  account 
of  the  travels  of  Moneaeht-ape  ;  a  civilized  Indian  of  Lonisiania, 
to  the  north-west  parts  of  America,  Gent.  May.  for  Sept.  1753. 


16  T  H  E     II  I  S  T  0  RY 

A.  \).  Kamtschatka,  to  the  coast  of  California;  and  from  this 
approach,  a  presumptive  argument  is  drawn  in  favour 
of  the  opinion  here  advanced. 

j'ut  it  is  time  now  to  proceed  to  other  matters:  Such 
as  may  incline  to  sec  the  subject  further  discussed,  are 
for  brevity's  sake,  on  a  point  not  material  enough  to 
dwell  lung  upon  here,  referred  to  the  Univ.  HistJ- 
Whence  many  of  the  arguments  on  this  head,  are 
selected;  and  where  the  inquisitive  reader,  amidst 
much  of  the  incredible,  (with  which  it  hath  been  usual 
to  load  the  subject)  will  find  convincing  proofs  in 
favour  of  what  is  here  proposed. 

Although   the    Knglish    had    very   early    made   the 
discovery    of    North-America,    a     considerable     time 
elapsed    before    any  advantages    accrued:     Sir  Walter 
1584.         Raleigh,    in    1584,    was    the    first    Englishman    who 
^V"^,lter     attempted  to  plant  a  colony  in   it.1'-     In  this  year  he 
patent.  obtained    a   patent   from    Queen    Elizabeth,    for   him 

and  his  heirs,  to  discover  and  possess  for  ever,  under 
the  crown  of  England,  all  such  countries  and  lands  as 
were  not  then  possessed  by  any  Christian  prince,  or 
inhabited  by  Christian  people : — Encouraged  by  this 
grant,  Raleigh  and  other  partners,  at  divers  times, 
fitted  out  ships,  and  settled  a  colony  at  Roanor,*-  in 
Virginia;  but  notwithstanding  various  attempts,  they 
met  with  such  discouragements,  that  no  great  improve- 
ments were  made  until  some  time  afterwards. 
lb'06.  In  the  year  1606,  King  James,  without  any  regard 

to  Raleigh's  right,  granted  a  new  patent  of  Virginia; 
in    which    was    included    New-England,    New- York, 

New- 

L  Vol.  xx,  Loncl.  Edit.  1748,  pa.  1-17. 

r.  That  is  a  regular  colony  under  grants — 'Sir  Armigell  Wadd, 
'of  Yorkshire,  clerk  of  the  council  to  Henry  viii.  and  Edward  vi. 
'and  author  of  a.  hook  of  travel-*,  was  the  first  Englishman  that  made 
'discoveries  in  America.'  II.  Wai  pole's  anecdotes  of  painting,  vol  ii. 
<>j  i-mji-nn'rs,  p.  18,  19.  A  note. 


x.  Now  Koanoke,  in  North  Carolina. 


OF     S  KW- JERSEY.  17 

New-Jersey,  Pennsylvania,  and  Maryland;  from  A.  D. 
queen  Elizabeth's  time  to  the  time  of  this  patent,  the 
whole  country  bearing  that  name,  which  was  given  it 
by  Ilaleigh,  in  honour  of  his  virgin  mistress,  as 
some  say ;  others  have  it  that  it  took  its  rise  from 
the  country's  not  being  settled  before.  The  patentees  Patentees. 
were  sir  Thomas  dates,  sir  George  Summers,  Richard 
Hackluyt,  clerk,  Edward  Maria  Wingfield,  Thomas 
Hanliam,  and  Raleigh  Gilbert,  Esqrs.  William  Parker, 
George  Popham,)/-  and  others:  The  extent  of  the 
land  »•  ran  ted,  was  from  34  to  45  degrees  of  north 
latitude,  with  all  the  islands  lying  within  100  miles 
of  the  coast.  Two^distinct  colonies  were  to  be  planted 
by  virtue  of  this  patent,  and  the  property  ascertained 
in  two  different  bodies  of  adventurers:  The  first  to 
belong  to  Summers,  Hackluyt,  and  Wingfield,  under 
title  of  the  London  adventurers,  or  the  London 
company;  and  was  to  reach  from  34  degrees  to  41, 
with  all  lands,  woods,  mines,  minerals,  &c.  The 
other  colony  was  to  reach  from  the  end  of  the  first, 
in  \~>  drives,  granting  the  same  priviledges  to  Han- 
ham,  Gilbert,  Parker,  and  Popham,  under  the  name 
of  the  Plymouth  company,  with  liberty  to  both 
colonies  to  take  as  many  partners  as  they  pleased;  for- 
bidding others  to  plant  within  those  degrees,  without 
their  licence;  only  reserving  the  fifth  part  of  all  gold 
and  silver  mines,  and  the  15th  part  of  copper,  to  the 
u-f  of  the  crown.  By  virtue  of  this  grant,  the 
London  company  fitted  out  several  ships  with  arti- 
ficers of  every  kind,  and  all  things  requisite  for  a 
new  settlement;  which  sailed  for  America,  and  planted 
a  colony  there;  but  in  the  year  1623,  there  were  so 
many  complaints  made  of  bad  management,  that  on  1623. 
enquiry  a  Quo  warranto  was  issued  against  the  patent; 

and 

y.  L.  C.  J.  of  England. 

B 


18  THE    HISTORY 

A.  D.  and  after  a  trial  had  in  the  king's  bench,  it  was 
declared  forfeited ;  «•  since  which  time  Virginia  has  been 
under  the  immediate  direction  of  the  crown. 

In  the  same  year  the  patent  was  granted,  the  Ply- 
mouth company  also  attempted  to  make  a  settlement ; 
but  with  no  great  success,  until  about  the  year  1620, 
when  they  sent  a  fresh  recruit  from  England,  under 
the  command  of  capt.  Standish,  who  arrived  at  Cape 
Cod  in  the  latitude  of  42  degrees,  and  having  turned 
the  cape,  found  a  commodious  harbour  opposite  the 
point,  at  the  mouth  of  the  bay,  at  the  entry  of  which 
were  two  islands  well  stocked  with  wood :  Here  they 

Plymouth.  built  a  town,  which  they  called  Plymouth.  About 
this  time  the  colonies  in  New-England  were  much 
augmented  ;  multitudes  of  dissenters  thinking  this  a 
good  oportunity  of  enjoying  liberty  of  conscience, 
offered  their  service  to  the  Plymouth  company ;  and 
the  grand  patent  being  delivered  up  to  the  king, 
other  pat-  particular  patents  were  granted  to  the  Lord  Musgrave, 

en^s  grai  ^e  (|Q^e  of  Richmond,  the  earl  of  Carlisle,  the  lord 
Edward  Georges,  and  new  colonies  were  planted  in 
diverse  places. 

CHAP. 


z.  Other  accounts  say,  the  patent  was  dissolved  by  the  king's 
proclamation,  in  1(524;  and  that  tho'  a  quo  warranto  was  issued 
against  it,  no  determination  followed  in  the  courts  of  justice. 


OF    NEW -JERSEY.  19 


CHAP.    II. 

An  account  of  the  country  on  Delaware,  and  the  North  river, 
while  the  first  was  in  possession  of  the  Dutch  and  Swedes. 

FR  Q  M  what  has  been  said,  it  is  evident  that  the 
colonies  New- York,  New-Jersey,  Pennsylvania,  A.  D. 
and  Maryland,  were  included  in  the  great  patent,  last 
mentioned;  but  that  becoming  void,  the  crown  was  at 
liberty  to  regrant  the  same  to  others;  but  it  does  not 
appear  that  any  part  of  those  provinces  was  settled  by 
virtue  thereof;  nor  indeed  was  any  distinct  discovery 
of  them  made,  un^il  many  years  afterwards.  New- 
Jersey,  Pennsylvania,  and  other  lands  adjacent,  not- 
withstanding the  antient  right  of  the  crown  of 
England,  deduced  as  aforesaid,  had  two  pretenders 
to  them;  the  Dutch  and  the  Swedes:  The  claim 
the  former  set  up,  was  under  colour  of  a  discovery  Dutch 
made  in  the  year  1609,  by  Henry  Hudson,  an  English- 
man, commander  of  a  ship  called  the  Half-Moon, 
fitted  out  from  Holland  by  the  East-India  company, 
to  discover  by  a  north-west  pa—age,  a  nearer  way  to 
China:  In  thi<  voyage  he  sailed  up  to  the  place  now 
New- York,  and  up  the  river,  from  him  called  Hud- 
son's river;  and  returning  sometime  after  to  Amster- 
dam, the  Dutch  pretended  to  have  purchased  the  chart 
he  made  of  the  American  coast;  and  having  obtained 
a  patent  from  the  states,  in  the  year  1614,  to  trade  to 
New-England,  they  settled  in  New- York,  which 
they  called  Xcw-Xetherland  ;  and  kept  possession  until 
sir  Samuel  Argole,  governor  of  Virginia,  disputed 
their  title;  alledging  that  the  country  having  been 
discovered  by  an  Englishman,  in  right  of  hi<  master, 
"iild  not  suffer  it  to  be  alienated  from  the  crown, 
without  the  king's  consent:  he  therefore  compelled 
the  Dutch  rolnny  to  submit  to  him,  and  to  hold  it 

under 


20  THE    HISTORY 

A.  D.  under  the  English  :  But  sometime  after  a  new  governor 
coining  from  Amsterdam,  they  not  only  neglected  to 
pay  their  usual  acknowledgement  to  the  governor  of 
Virginia,  but  in  the  year  1623,  fortified  their  colony, 
by  building  several  forts:  One  on  the  Delaware,  (by 
them  called  South  River)  near  Gloucester,  in  ^New- 
Jersey,  which  they  named  Nassau ;  a  second  on  Hud- 
son's, (the  North  River)  in  the  province  of  New- 
York,  which  they  named  Fort  Orange;  and  a  third 
on  Connecticut  river,  (by  them  called  the  Fresh-River) 
which  they  named  the  Hirsse  of  Good  Hope.  Hudson's 
River  lying  near  the  sea,  and  the  navigation  esteemed 
less  difficult  than  the  other,  their  settlements  were  chiefly 
on  both  sides  of  that  river ;  at  the  entrance  of  which, 
the  town  by  them  also  called  New  Amsterdam, 
was  built ;  so  that  by  the  time  the  Swedes  came  into 
America,  which  was  a  few  years  after,  they  had  wholly 
quitted  the  land  adjacent  to  the  river  Delaware. 

The  proceedings  of  the  Dutch  in  building  the  forts, 
and  in  a  manner  taking  possession  of  the  country, 
having'  been  represented  to  king  Charles  the  first,  his 
ambassadors  at  the  Hague  made  such  pressing  instances 
to  the  states,  that  they  disowned  having  given  any 
commission  for  what  the  Dutch  had  done,,  and  laid  the 
blame  on  their  East-India  company.  Upon  this  king 
Charles  gave  a  commission  to  sir  George  Calvert,  lately 
made  lord  Baltimore  ;«•  to  possess  and  plant  that  part  of 

America, 

a.  About  the  year  1620,  while  George  Calvert,  afterwards  lord 
'  Baltimore,  was  secretary  of  <tate  to  James  1st ;  he  obtained  a  pat- 
'ent  for  him  and  his  heirs,  to  he  absolute  lord  and  proprietor  (with 
'the  royalties  of  a  count  Palatine)  of  the  province  of  Avalon,  in 
'Newfoundland,  which  was  so  named  by  him,  from  Avalon,  in 
'  Somersetshire:  wherein  Glastonbury  stands  the  first  fruits  of  ehristi- 
'aiiity  in  Britain:  as  the'other  was  in  that  part  of  America,  there 
'lie  built  a  fine  house,  in  Ferry  laud,  and  spent  £,.  25000  in 
'advancing  lliis  new  plantation:  after  the  death  of  king  James,  he 
'went  twice  in  person  to  Newfoundland: — finding  his  plantation 
'  very  much  exposed  to  the  insults  of  tlie  -French,  he  was  at  hist 

forced 


OF    NEW-JERSEY.  21 

America,  now  called  Maryland.;  and  to  sir  Edmond  A.  D. 
Loeyden,  or  I'lnydni,  to  plant  the  northern  parts, 
towards  New-England.  The  Dutch  afraid  of  the  power 
of  the  English,  were  willing  to  compound  matters  a 
second  time;  offering  to  leave  their  plantations,  in 
consideration  of  £.  2500  to  be  paid  them  for  the 
chargc<  they  had  been  at:  J>ut  soon  after,  king  Charles 
being  involved  in  his  troubles,  was  hindered  from  sup- 
porting his  colonies;  they  therefore  not  only  fell  from 
their  first  proposals,  but  as  was  reported,  furnished 
the  natives  with  arms,  and  taught  them  the  use  of  them, 
that  by  their  assistance  they  might  dispossess  the  English 
all  around  them. 

Matters  thus  circ'umstanced,  we  shall  leave  them, 
in  order  to  trace  their  neighbours,  the  Swedes  into  Swedes. 
America ;  the  first  settlement  of  whom,  according 
to  their  own  account,  was  thus  occasioned^  In  the 
reign  of  Gustaphns  Adolphus,  and  in  the  year  1626,  1626. 
an  eminent  merchant  named  William  Useling,  gave 
a  great  character  of  this  country,  applauding  it  for 
fruitful  fertile  land,  abounding  with  all  necessaries  of 
life;  and  used  many  arguments  to  persuade  the  Swedes 
to  settle  a  colony  here :  These  were  so  prevalent,  that 
Gustavus  issued  a  proclamation  at  Stockholm,  exhort- 
ing his  subjects  to  contribute  to  a  company  associated 
to  the  purpose  aforesaid,  which  was  called  the  West- 
India  company,  confirmed  by  that  prince  :  In  a  general 
assembly  the  year  following,  sums  of  money  were 
raised  to  carry  on  the  intended  settlement,  to  which 
the  king,  the  lords  of  the  council,  the  chief  of  his 

barons, 

'1  to  abandon  it :  whereupon  he  went  over  to  Virginia,  and 
'after  having  viewed  tho>e  parts,  came  lo  England,  and  obtained 
'from  king  Charles,  who  had  as  great  a  regard  and  affection  for  him 
'a>  king  .James i  a  patent  to  him  and  his  heirs,  tor  Maryland: — that 
'king  naming  it  in  honour  ot  his  beloved  queen  Henrietta  Maria. 
Jii:>i/r.  llrihniin.  Art.  (,'<••).  ( 'nlrrrt. 

h.   Hi<t.  ofSwedeland  in  America,  by  Thomas  Com  pan  i  us  Holm, 

printed  at  Stockholm  anno  1702. 


22 


THE    HISTORY 


A.  D. 
1623. 


1627. 


1630. 


1631 


Christeen. 


Tennecum. 


barons,  knights,  coronets,  principal  officers  in  hia 
militia,  bishops,  clergy,  and  diverse  of  the  common 
people  of  Swedeland,  Finnland  and  LifUand,  contri- 
buted; and  responsible  persons  were  chosen  to  see 
what  was  propos'd  put  in  execution,  consisting  of  an 
admiral,  a  vice-admiral,  merchants,  factors,  commis- 
saries, <fec.  and  it  was  concluded  to  get  as  many  as  they 
thought  fit,  of  those  who  would  voluntarily  ship  them- 
selves to  America,  to  settle  and  cultivate  a  colony. 

In  1627,  the  Swedes  and  Finns  accordingly  came 
over  hither:  Their  first  landing  was  at  Cape  Inlopeu; 
the  sight  created  a  pleasure,  and  they  named  it  Paradise 
Point:  Some  time  after  they  purchased  of  xonie  Indians 
(but  whether  of  such  as  had  the  proper  right  to  convey 
is  not  said)  the  land  from  Cape  Inlopeu  to  the  Falls 
of  Delaware,  on  both  sides  the  river,  which  they  called 
New-Swedeland  Stream ;  and  made  presents  to  the 
Indian  chiefs,  to  obtain  peaceable  possession  of  the 
land  so  purchas'd :  But  the  Dutch  continuing  their 
pretensions,  in-  16-'SO  one  David  Pietersz  de  vrics,  their 
countryman,  built  a  fort  within  the  capes  of  Delaware, 
on  the.  west,  about  two  leagues  from  Cape  Cornelius, 
at  the  place  now  Lewis-Town,  then  and  at  present 
often  called  by  the  name  of  Hoarkill. 

In  1631,  the  Swedes  also  built  a  fort  on  the-  west 
of  Delaware,  to  which  they  gave  the  name  the  ruins  of 
it  yet  bears,  Christeen.  c-  Here  a  small  town  was  laid 
out  by  Peter  Lindstroni,  their  engineer,  and  here  they 
first  settled;  but  this  settlement  was  afterwards  demo- 
lished by  the  Dutch. 

On  an  island  called  Tennecum,  sixteen  miles  above 
this  town,  the  Swedes  erected  another  fort,  which  they 
named  New  Gottemburgh ;  and  John  Prints,  their 
governor,  built  a  fine  house,  and  other  suitable  accom- 
modations; 


C.  Near  Wilmington,  it  gives  name  to  a  noted  creek  there. 


O  F    N  E  W  -  J  E  R  S  E  Y  .  23 

modations;    planted  an  on-hard,  and  called  his  settle-        A.  D. 

1  AQ1 

meut  Printz's  Hall.:     The  principal  freemen  had  also   . 
their  plantations  on  this  island. 

About  this  time  th<-  Swedes  also  built  forts  at 
( Ihester,  and  other  places.  In  the  same  year  Chancellor 
Oxestiern,  ambassador  from  Sweden,  made  application 
to  king  Charles  the  first,  to  have  the  right  the  English 
claimed  by  their  being  the  first  discoverers  yielded  up: 
it  was,  (as  they  say,)  the  proof  an  uncertainty  given  up 
accordingly:  They  also  said  they  had  purchased  the 
pretence  the  Dutch  claim 'd  by  virtue  of  the  prior 
settlement,  and  buildings  here;  most  of  which  were 
destroy 'd  before  their  arrival. 

If  this  be  true^  the  Dutch  it  seems  did  not  think 
proper  long  to  abide  by  their  contract;  but  gave  the 
Swedes  disturbances,  by  encroaching  on  their  new 
settlement;  and  both  of  them  join'd  to  dispossess  the 
English,  who  also  attempted  to  settle  the  eastern  side 
of  Delaware:  one  Kieft,  a  director  under  the  states  of 
Holland,  assisted  by  the  Swedes,  drove  the  English 
away,  and  hired  the  Swedes  to  keep  them  out :  The  ' 
Dutch  complained,  that  the  Swedisli  governor  judging 
this  a  fair  opportunity,  built  fort  Elsinburgh*  on  the  Elsing- 
place  from  whence  the  English  had  been  driven,  and  urg 
from  thence  used  great  freedom  with  their  vessels,  and 
all  others  bound  up  the  river,  making  them  strike  to 
the  fort;  from  which  they  also  sent  men  on  board  to 
know  whence  the  vessels  came :  This  the  Dutch  deem'd 
exercising  an  authority  in  a  country  not  their  own.  d. 
But  the  Musketoes  were  so  numerous,  the  Swedes  were 

unable 

d.  The  account  here  is  from  a  manuscript  copy,  said  to  be  printed  in 
Holland,  anno  \i\i\'2,  tin-original  in  the  late  sir  Hans  Sloane's  collec- 
tion, entitled,  ,-1  brief  account  of  New  Nether  land.— In  Iti.Sttihe  Dutch 
had  ;i  meeting-place  for  religious  worship  at  Xrw-CastK- :  and  the 
Swedes  three,  one  at  Christeen,  one  at  Tenecum.  and  one  at  Wicoco. 


24  THE   HIS TORY 

A.  D.        unable  to   live   here,   and    therefore  removing,   named 
the  place  Musketnchurgh. 

The  Dutch  seem  to  have  had  a  very  great  opinion 
of  the  land  near  the  Delaware,  and  were  under  great 
apprehensions  of  being  dispossessed  by  the  English, 
who  they  complained  had  diverse  times  attempted  to 
settle  about  that  river  and  judged  if  they  once  got  foot-  . 
ing,  they  would  soon  secure  every  part,  so  that  neither 
Hollander  nor  Swede  would  have  any  thing  to  say 
Ploeyden.  here ;  in  particular  they  mention  sir  Edmond  Ploeyden, 
as  claiming  property  in  the  country,  under  a  grant 
from  king  James  the  first,  who  they  al ledge  declined 
any  dispute  with  them,  but  threatened  to  give  the 
Swedes  a  visit,  in  order  to  dispossess  them.  «• 

John 

e.  In  1648,  a  pamphlet  was  published,  entitled,  'A  description  of 
1  the  province  of  New  Albion,  and  a  direct  inn  jnr  adventurers  with 
'small  stock  to  get  two  for  one,  and  good  land  freely  f  and  for  (ient/e/nen 
'and  all  servtntts,  labourers  and  artificers,  to  lire  plentifully;  and  a 
'former  description  reprinted,  of  the  healthiest,  plea*anlex,t  and,  rii-hrxt 
'plantation  of  New  Albion  in  North  Virginia,  proved  by  thirteen 
'witnesses;  toe/ether  ivith  a  letter  from  master  Robert  Ecelin,  that 
'lived  there  many  years,  shewing  the  particularities  and  escrllem-i/ 
'thereof;  with  a  brief  of  the  charge  of  victualling  and  nerewiries,  to 
1  transport  and  bay  stock  for  each  planter  or  labourer  there,  to  get  his 
'master  £.  50  per  annum,  or  more,  in  twelve  trades,  and  at  £.  10, 
'  charges  only  a  man.' 

From  a  few  extracts  of  this  pamphlet,  the  reader  will  see  an 
account  of  the  country  in  some  respects  more  descriptive  than  is 
commonly  to  be  found  of  that  date;  he  will  however,  allow  for  a 
little  more  being  said  than  was  necessary  in  some  places. 

'Now  for  the  full  and  ample  satisfaction  of  the  reader,  of  his 
'majesty's  just  title,  and  power  to  grant,  enjoy,  and  possess  these 
'countries,  an  well  against  aliens  as  Indians,  which  this  forty  years 
'hath  not  been  by  print  declared,  you  may  read  at  large  master 
'Hacluit's  voyages  and  discoveries,  master  Purchas  and  captain 
'Smiths:  for  when  the  Spaniard  and  Portugall  discovered  and  pos- 
'sest  140  years  since  the  East  Indies,  Brasill,  the  south  part  of  Ame- 
'rica,  the  Charibees  and  Antell  isles,  and  seated  Saint  John  de  1'nrto 
'Rico,  Hispaniola,  Jamaica  and  Cuba,  and  the  fort  and  port  of 
'Havannah,  against  the  gulf  and  current,  Batuana  isles,  and  point 
'of  Florida;  then  that  most  powerfull  and  richest  king  of  Europe, 
'king  Henrv  the  seventh  of  England,  sent  out  an  Englishman  born 

at 


O  F     X  K  ^Y  -  J  E  H  S  E  Y  .  25 

John    Print/.    Continued    Lrovrrnor    of    the    Swedes        A.  D. 
from  his  arrival   until  about  the  year   ](>•">  1,   \vlicn   he 

returned 

•» 

'at  Bristol,  called  Cabot,  granted  under  his  greate  seale  to  him  all 
'  place-  and  count  rys  by  him  to  be  discover'd  and  posscst,  who  then 
'beginning  at  ('ape  Florida  di-cover'd,  entered  on,  took  possession, 
'set  up  crosses,  and  procured  atturnment  and  acknowledgement  of 
'the  Indian  kings,  to  his  then  majesty,  as  head,  lord  and  emperour 
'of  the  south  west  America,  all  along  that  coast  both  in  Florida 
'from  20  degrees  to  85,  where  old  Virginia  in  35  and  30  minutes, 
'(>.",  year-  -ince  was  seated  l»y  ">  -everaT  colonies  about  Croatan  cape, 
'Haloraske,  and  Rawley's  isle,  by  sir  Walter  Rawley,  who  had 
'from  queen  Eli/abeth  that  place,  and  two  hundred  leagues  from  it 
'in  all  places  adjoyning  ;  sir  Richard  (  .ireen  field.  sir  -Ralph  Lane, 
'and  master  White  his  partners  seating  and  fortifying  there;  the 
'said  ('al)ot  farther  taking  possession  in  37,  of  that  part  called 
'Virginia  and  Chisapeack  Bay  being  now  his  majesty's  demesne 
'colony  of  Virginia,  a»d  of  the  next  great  bay  in  or  near  39, 
'called  now  by  the  Dutch  Cape  Henlopen,  the  south  river,  and  by 
'us  Cape  James  and  Delaware  Hay,  of  the  baron  of  Delaware's 
'name,  being  then  governor  of  Virginia,  who  by  .-ir  Thomas  Dale, 
'  and  sir  Samuel  A  rgoll,  40  years  since  took  possession  and  atturn- 
'  ment  of  the  Indian  kings,  and  (JO  years  since  sir  Walter  Rawley 
'sealed  and  left  30  men,  and  four  pieces  of  ordinance,  and  the 
'creek  near  Cape  James,  by  the  Dutch  called  Ilorekill,  bv  us 
'  Roy  mount,  and  by  the  Indians  Cni  Achomoca  ;  and  so  the  next 
'river  by  us  called  Hudson's  river,  of  the  name  of  Hudson  an 
'  Englishman,  the  discoverer  thirty  five  year  since,  who  sold  his 
MUcovery,  plots  and  cards  to  the  Dutch  ;  and  so  Cabot  discovered 
'severall  rivers  and  countries  all  along  the  coast  North  East,  now 
'called  New-  England,  and  divided  in  nine  severall  governments, 
'and  further  discovered  I'ort-Royall,  and  that  part  called  Xew- 
'Scotlanl,  and  set  up  cro-ses,  where  von  mav  see  in  the  French 
'book  called  New-France,  the  .French  found  an  old  crosse  all  moss, 
'in  an  eminent  place  at  the  head  of  that  bay  and  port,  and  dis- 
'  covered  all  that  coast  and  Newfoundland,  and  that  called  Terra 
cde  Laborador,  or  New-  Britain,  as  far  as  the  fro/en  strait  of-  Davis; 
'shortly  after  one  master  I  lore  in  the  reign  of  king  Henry  the  8th, 
'  reneued  this  actual!  possession,  atturnment  of  the  Indian  kings, 
'brought  home  divers  of  the  chief  Indian  kings  to  England,  who 


their  homage  and  oath  of  fidelity  for  these  countries  to  king 
'Henry  the  eight  in  person,  setting  on  his  throne  in  state  in  his 
'palace  hall  at  Westminster.  Then  Virginia  being  granted,  settled, 
'and  all  that  part  now  called  Maryland,  New-  A  Ibiou  and  Xew- 
'  Scotland,  being  part  of  Virginia,  sir  Thomas  Dale  and  sir  Samuel 
'A  rgoll,  captains  and  counsellors  of  Virginia,  hearing  of  divers 
'aliens  and  intruders,  and  traders  without  license,  witli  a  vessell 
'and  iiirty  soldiers,  landed  at  a  place  called  Mount  Desert,  in 
'  Nova  Scotia,  near  St.  John's  River,  or  Twede,  possest  by  the 

'  French, 


26  T  H  E     H  I  8  T  O  R  Y 

A.  D.        returned    to  Sweden,  having  first  deputed   his  son-in- 
Papegoia         ^aw^  John  Papegoia,  governor  in   lii.s  stead,   who  also 

some 

• 

*  French,  there  killed  some  French,  took  away  their  gun*,  and  dis- 
'  mantled  the  fort,  and  in  their  return  landed  at  Alanhatas-Isle  in 
'Hudson's  river,  where  thev  found  four  houses  built,  and  a  pre- 
'  tended  Dutch  governor,  under  the  West-India  company  of  Amster- 
'dani  share  or  part;  who  kept  trading  hoats,  and  trucking  with  the 
'Indians;  but  the  said  knights  told  him,  their  commission  was  to 
'expell  him  and  all  aliens,  intruders  on  his  majesty's  dominions 
'and  territories;  this  being  part  of  Virginia,  and  this  river  an 
'English  discovery  of  Hudson  an  Englishman,  the  Dutchman  con- 
'  tented  them  for  their  charge  and  voiage.  and  by  his  letter  sent  to 
'Virginia  and  recorded,  submitted  himself,  company  and-  plantation 
'to  his  majesty,  and  to  the  governor  and  government  of  Virginia  ; 
'but  the  next  pretended  Dutch  governor  in  maps  of  printed  cards 
'calling  this  part  New-Net  herlaBd  failing  in  paying  of  customer 
'at  his  return  to  Plymouth  in  England,  was  there  with  his  bever, 
'goods  and  person  attached  to  his  damage  of  <£.  1500,  whereupon 
'  at  the  suit  of  the  governor  and  councill  of  Virginia,  his  now  ma- 
'jesty  by  his  embassadour  in  Holland,  complaining  of  the  said  aliens 
'intrusion,  on  such  his  territories  and  dominions,  the  said  lords,  the 
'slates  of  Holland  by  their  publique  instrument  declared,  that  they 
'did  not  avow,  nor  would  protect  them,  being  a  private  party  of 
'the  Amsterdam  West-India  company,  but  left  tJiern  to  his  majesty's 
'will  and  mercy  :  whereupon  three  severall  orders  from  the  councill 
'table,  and  commissions  have  been  granted  lor  the  expelling  and 
'removing  them  thence,  of  which  they  tak'ing  notice,  and  knowing 
'their  weakness  and  want  of  victuals  have  ottered  to  sell  the  same 
'  for  £.  2500,  and  lastly  taking  advantage  of  our  present,  war  and 
'distractions,  now  ask  £.  7000,  and  have  lately  offered  many 
'  affronts  and  damages  to  his  majesties  subjects  in  New-England: 
'and  in  general!  endanger  all  his  majesty's  adjoyning  countries,  most 
'wickedly,  feloniously,  and  traiterously,  contrary  to  the  marine  and 
'admiral  laws  of  all  Christians,  sell  by  wholesale  guns,  powder, 
'shot  and  ammunition  to  the  Indians,  instructing  them  in  the  use  of 
'our  fights  and  arms;  insomuch  as  2000  indians  by  them  armed, 
'Mohawks,  Karitons,  and  some  of  Long-Isle  with  their  own  guns  so 
'sold  them,  fall  into  war  with  the  Dutch,  destroyed  all  their  scatter- 
ing farms  and  boors,  in  forcing  them  all  to  retire  to  their  up  fort,  40 
'leagues  up  that  river  and  to  Manhatas,  for  all  or  most  retreating  to 
'Manhatas,  it  is  now  a  pretty  town  of  trade,  having  more  English 
'than  Dutch  :  and  it  is  very  considerable  that  three  years  since  Stuy 
'their  governor  put  ou,t  his  declaration,  confessing  that  the  neigh- 
'bour  English  might  well  be  offended  with  their  selling  Indiana 
'arms  and  ammunition,  but  being  but  a  few  and  so  scattered,  they 
'could  not  live  else  there,  or  trade,  the  Indians  refuting  to  trade  or 
'suffer  the  Dutch  to  plow  without  they  would  sell  them  guns.  The 
'like  folly  they  committed  and  inconvenience  to  themselves,  and 

'all 


O  F    X  K  \V  -JERSEY.  27 

sometime  after  returiKMl   t<>  \\i>  native  country,  and  left        A.^D. 
the  government    to  John    Rysing;     He   renewed   the  -p    . 

league 

all  Englieh,  for  eight  years  since,  in  their  West-India  fleet, 
'  battered  by  the  Spanish  Armado,  they  brought  home  forty  Swedish 
'  poor  soldiers ;  and  hearing  that  capt.  Young  and  master  Evelin, 
'  had  given  over  their  fort  begun  at  Eriwomeck  within  Delaware 
'  I  lay,  there  half  starved  and  totter'd  they  left  them,  who  learning 
'the  Indian  language,  and  finding  much  talk  and  trials  of  a  gold 
mine  there,  thougn  in  truth  filly  shillings  charges  produced  of 
that  light  snnd  but  nine  shillings  in  gold,  and  therefore  was  of 
'capt.  Young  that  tried  it  slighted  ;  yet  one  liagot  under  the  Swedes 
'  name  and  commission,  there  traded  to  crosse  the  Dutch  of  Man- 
'hatao,  and  to  undersell  them,  and  left  and  seated  there,  eighteen, 
'  Swedes,  who  proclaiming  a  gold  mine  drew  more  to  them,  and 
'  have  gotten  a  great  trade;  and  now  this  last  summer  fifteen  Swedes 
'and  fifteen  Dutch  had  a  skirmish;  the  Swede*  pulled  down  a 
'  Dutch  trading  house, ^md  doe  both  undersell  them  and  spoiled 
'much  their  and  English  trading  with  the  Indians,  both  striving  to 
'please  and  side  with  the  Indians,  both  entertaining  and  refusing 
'to  return  all  English  fugitives  and  servants.  The  Swedes  hiring 
'out  three  of  their  soldiers  to  the  Sasquehannocks,  have  taught 
'them  the  use  of  our  arms  and  fights,  and  inarching  with  them 
'into  the  king's  own  colony  of  Virginia,  have  carried  thence  the 
'king  of  Pawiomeck  prisoner,  and  expell'd  his  and  eight  other 
1  Indian  nations  in  Maryland,  civiliz'd  and  subject  to  the  English 
'crown.  Now  if  a  proclamation  of  open  war  be  set  out  against 
'the  Dutch  and  Swedes  for  this  their  villainy,  and  all  English  iorbid 
'to  trade,  victuall  or  relieve  them,  they  must  both  vanish,  especially 
'if  those  bad  English  that  live,  adhere  and  obey  these  aliens  in 
'these  his  majesty's  countries,  be  warned  of  the  statute  of  king 
'James  of  famous  memory,  in  these  words:  That  all  subjects  giving 
'  any  obedience  or  acknowledgment  to  any  forain  prince,  state,  pope, 
'or  potentate,  icif/iin  hit*  iitajfaties  territories  and  dominions  in  England 
1  or  beyond  the  sea,  is  a  traitor,  and  on  (/lit  to  suffer  as  a  traitonr. 
'And  certainly  all  English,  and  chiefly  those  of  New-England 
'being  ready  in  twenty  four  hours  will  jovu  to  expel  them  both 
'to  regain  their  own  trade,  to  get  their  seats,  and  to  be  rid  of  the 
'danger  of  armed  gunning  Indians. 

'Whereas  that  part  of  America,  or  North  Virginia,  lying  about 
'39  degrees  on  Delaware  Bay  called  the  province  of  New  Albion, 
'is  scituate  in  the  best  and  same  temper,  as  Italy,  between  too 
'cold  Germany,  and  too  hot  JJarbary:  so  this  lying  just  midway 
'betweene  New  England  200  miles  north,  and  Virginia  150  miles 
'south,  where  now  are  settled  8000  English,  and  140  ships  in 
'  trade,  is  freed  from  the  extream  cold  and  barrennesse  of  the  one, 
'and  heat  and  aguish  marshes  of  the  other,  and  is  like  Lumbardy, 
'anil  a  rich  fat  soil,  plain,  and  having  34  rivers  on  the  main  land, 
'17  great  Isles,  and  partaketh  of  the  healthiest  aire  and  most 

'  excellent 


28  THEHISTO  RY 

A.  T).        league  of  friendship  with  the  English   and   Dutch   in 
the    neighbourhood,    and    formally   with   the   Indians; 

for 

'excellent  commodities  of  Europe,  and  repleni shed  with  the  good- 
liest woods  of  oaks  and  all  timber  tor  ships  and  masts,  mulberries, 
'sweet  eypresse,  cedars,  pines  and  firres,  4  sorts  of  grapes  for 
'wine,  and  raisins,  and  with  the  greatest  variety  of  choice  fruits, 
'  fish  and  fowl,  stored  with  all  sorts  of  com,  yielding  5,  7  and  10 
"'quarters  an  acre:  silkgras.  salt,  good  mines  A:  diers  ware,  5  sorts 
'of  deer,  bnlles,  and  huge  elks  to  plow  and  work,  all  bringing  3 
'young  at  once.  The  uplands  covered  inanv  moneihs  with  berries, 
'roots,  chestnuts,  walnuts,  beech  and  oak  mast  to  feed  them,  hogges 
'and  tin  keys,  500  in  a  flock,  and  having  near  the  colon v  of  Man- 
'teses  400000  acres  of  plain  mead  land,  and  meer  level!,  to  be 
'flowed  and  fludded  by  that  river  for  corn,  rice,  rapes,  flax  and 
'  hemp.  After  17  years  trading  and  discovery  there  and  triall  made, 
'is  begun  to  be  planted  and  stored  by  the  governor  and  company 
"'of  New  Albion,  consisting  of  forty  four  lords,  baronets  knights 
'and  merchants,  who  for  the  true  informing  of  themselves,  their 
'  friends,  adventurers  and  partners  by  residents  and  traders  there 
'four  several!  years  out  of  their  journall  books,  namely,  captaine 
'Browne,  a  ship-master,  and  master  -Station!  his  mate,  and  bv  cap- 
'taine  Claybourn  14  years  there  trading,  and  Constantine  his  indian 
'there  born  and  bred,  and  by  master  Robert  Evylin,  4  years  there, 
'yet  by  eight  of  their  hands  subscribed  and  enrolled  doe  testitie  this 
'to  be  the  true  state  of  the  country,  of  the  land  and  Delaware  liay 
'or  Charles  River,  which  is  further  witnessed  by  captain  Smith  and 
'other  Books  of  Virginia  and  by  New  England*  prospect,  new 
'Canaan,  captain  Powels  map,  and  other  descriptions  of  New 
'  England  and  Virginia.' 

Master  EVELIN'S  Letter. 
Good  Madam : 

'Sir  Edmund  our  noble  governonr  and  lord  earl  Palatine,  persist- 
'ing  still  in  his  noble  purpose  to  go  on  wiili  his  plantation  in  Dela- 
'ware  or  Charles  river,  just  midway  between  New  England  and 
'  Virginia,  where  with  my  unckle  Young  1  several!  years  resided, 
'hath  often  informed  himselfe  both  of  me  and  master  Stratton,  as  I 
'perceive  by  the  hands  subscribed  of  Edward  JMonmonth,  Tenis 
'  Palee,  and  as  master  Buckham,  master  White,  and  other  ship- 
'  masters,  and  saviors,  whose  hands  1  know,  and  it  to  be  true,  that 
'there  lived  and  traded  with  me,  and  is  sufficiently  instructed  of  the 
'state  of  the  country,  and  people  there,  and  I  should  very  gladly 
'according  to  his  desire,  have  waited  on  you  into  Ham.- hire  to  have 
4  informed  your  honour  in  person,  had  I  not  next  weeke  been 
*  passing  to  Virginia.  But  neverthefesse  to  satisfie  you  of  the 
'truth,  I  thought  good  to  write  unto  you  my  knowledge,  and  first 
'to  describe  you  from  the  north  side  of  Delaware  unto  Hudsons 
'river  in  sir  Edmunds  patent,  called  New  Albion,  which  lieth  just 
4  between  New  England  and  Maryland,  and  that  ocean  sea,  I  take 

'it 


OF    NEW-JERSEY. 

for  this  purpose  a  meeting  was  held  with  the  Sachems 

island 
where 


or  Indian  chief's,  at  Printz's  Hall,  on  Tenecum  island 


'it  to  be  about  160  miles,  I  finde  some  broken  land,  isles  and  in- 
'lets,  and  many  small  isle-  at.Kghay  :  But  going  to  Delaware  Hay, 
1  bv  ('apr  Mav,  which  is  '1 1  miles  ;it  most,  and  is  as  I  understand 
'very  well  set  out,  and  printed  in  captain  Powels  map  of  Xew- 
'  England,  done  as  is  told  mee  by  a  draught  I  gave  to  M  Daniel, 
'tin-  plot-maker,  which  sir  Edmund  saith  you  have  at  home,  on  that 
'north  side  about  live  miles  within  a  Port,  or  rode  for  any  ships 
'called  the  Nook,  and  within  lieth  the  king  of  Kechemeches,  hav- 
'ing  as  L  suppose  about  oil  men,  and  12  leagues  higher  a  little  above 
'the  P>iy  and  Bar  is  the  river  of  Mauteses,  which  hath  'JO  miles  on 
'Charles  river,  and  30  miles  running  up  a  fair  navigable  deep  river 
'all  a  flat  levell  of  rich  and  fat  black  marsh  mould,  which  1  think 
'to  be  3<K)(H)()  acres:  In  this  sir  ICdmund  intendeth  as  he  saith  to 
'settle,  and  there  the  king  of  Manteses  hath  about  100  bow-men; 
'next  above  about  li  leagues  higher  is  a  fair  deep  river,  12  miles 
'navigable,  where  is  freestone,  and  there  over  against  is  the  king  of 
'  Sikonesses,  and  next  is  Asomoches  river  and  king  with  an  hundred 
'men,  and  next  is  Kriwoneck  a  king  of  forty  men  where  we  sate 
'down,  and  tive  miles  above  is  the  king  of  Ramcock  With  a  hun- 
'dred  men,  and  four  miles  higher  the  King  of  Axion  with  two 
'hundred  men,  and  next  to  him  lenne  leagues  over  land  an  inland 
'king  of  C'aicefar,  with  an  hundred  and  fifty  men,  and  ihen  there 
'is  in  the  middle  of  Charles  river  two  fair  woody  isles,  verv  plea- 
'sant  and  fit  for  parks,  the  one  of  a  thousand  acres,  the  other  of 
'fourteen  hundred,  or  thereabout.  And  six  leagues  higher  near  a 
'  creek  called  Mo<ilian,  the  king  having  two  hundred  men.  And 
'then  we  come  to  the  Fa  Is,  made  by  a  rock  of  linre-stone,  as 
'I  suppose  it  is,  about  sixty  and  five  leagues  from  the  sea,  near  to 
'  which  is  an  i-  le  til  for  a  city,  all  materials  there  to  build  ;  and  above 
'the  river  fair  and  navigable,  as  the  Indians  inform  me,  for  I  went 
'  but  ten  miles  higher.  1  doe  account  all  the  Indians  to  be  eight 
'  hundred,  and  are  in  several  faction-;  and  war  against  the  Sa-quehan- 
'  nocks,  and  are  all  ex: ream  tearful  1  of  a  gun,  naked  and  unarmed 
'against  our  shot,  swords,  and  pikes.  I  had  some  bickering  with 
'some  of  them,  and  they  are  of  so  little  esteem,  as  I  durst  with 
'fifteen  men  Mt  down,  or  trade  in  despight  of  them,  and  since  my 
'return  t-igliteene  Sweeds  are  settled  there,  and  so  sometime  sixe 
'Dutch  do-  in  a  boat  trade  without  fear  of  them. 

'  1  saw  there  an  infinite  quantity  of  bustards,  swans,  geese,  and 
'fowl,  covering  the  shoaivs  as  within  the  like  multitude  of  pigeons, 
'  and  store  of  tnrkies,  of  which  1  tried  one  to  wei^h  fortv  and  sixe 
'[touuds.  There  is  much  Variety  and  plenty  of  delicate  fresh  and 
'sea-fish,  and  shell-fi-h,  and  whales  or  grampus:  elks,  deere  that 
'bring  three  young  at  a  time  A;  the  woods  bestrewed  many  moneths 
'with  chestnuts  wail-nuts,  and  mast  of  severall  sorts  to  feed  them, 
'and  hogs,  that  would  increase  exceedingly.  There  the  barren 

'grounds 


30  THE    HIS  TO  11  Y 

A.  D.        where  a  speech  was  made  to  them    in    behalf   of   the 
queen   of  Sweden,  expressing   the  desires    the    Swedes 

had 

'grounds  have  four  kindes  of  grapes  and  many  mulberries  with  ash, 
'elms,  and  (he  tallest  and  greatest  pines  and  pitch  trees,  that  I 
'have  seen.  There  are  cedars,  cypresse  and  sassafras,  with  wilde 
'fruits,  pears,  wilde  cherries,  pine-apples,  and  the  dainty  parse- 
'  menas.  And  there  is  no  question  but  almonds,  and  other  fruits 
'of  Spain  will  prosper,  as  in  Virginia.  And  (which  is  a  good 
'comfort)  in  four  and  twenty  houres  you  may  send  or  goe  by  sea 
'to  New  England  or  Virginia,  with  a  fair  winde,  you  may  have 
'cattle,  and  from  the  Indians  two  thousand  barrels  of  corn,  at, 
'twelve  pence  a  bushel  in  truck,  so  as  victuals  are  there  cheaper  and 
'  better,  than  to  be  transported :  Neither  do  1  conceive  any  great 
'need  of  a  fort  or  charge,  where  there  is  no  enemy. 

'If  my  lord  Palatine,  will  bring  with  him  three  hundred  men  or 
'more,  there  is  no  doubt  but  that  he  may  doe  very  well  and  grow 
'rich,  for  it  is  a  most  pure  healthful!  air,  and  such  pure  wholesome 
'springs,  rivers  and  waters,  as  are  delightful),  of  a  desert,  as  can 
'be  seen,  with  so  many  varieties  of  severall  flowers,  trees  and  for- 
'  rests  for  swine.  So  many  fair  risings  and  prospects,  all  green  and 
'verdant:  and  Maryland  a  good  friend  and  neighbour,  in  four  and 
'twenty  houres  readv  to  comfort  and  supplv. 

'And  truly  I  beleeve,  my  lord  of  Baltimore  will  be  glad  of  my  lord 
'  Palatines  plantation  and  assistance  against  any  enemy  or  bad  neigh- 
'bonr.  And  if  my  lord  Palatine  employ  some  men  to  sow  flaxe, 
'hemp  and  ftipes  in  those  rich  marishes,  or  build  ships  and  make 
'pipe  slaves,  and  load  some  ships  with  these  wares,  or  tish  from  the 
'  northward,  he  may  have  any  money,  ware,  or  company  brought 
'him  by  his  own  ships,  or  the  ships  of  Virginia  or  New  England 
4 all  the  year. 

'And  because  your  honour  is  of  the  noble  house  of  the  Pawlets, 
'and  as  1  am  informed,  desire  to  lead  many  of  your  friends  and 
'kindred  thither,  whom  as  I  honour,  I  'desire  to  serve,  1  shall 
'' intreat  you  to  beleeve  mee  as  a  gentleman  and  Christian,  I  write 
'you  nothing  but  the  truth,  and  hope  there  to  take  opportunity  in 
'due  season  to  visit  you,  and  doe  all  the  good  offices  in  Virginia, 
'my  place  or  friends  can  serve  you  in.  And  thus  tendering  my 
'service,  I  rest,  Madam, 

Your  honours  most  humble  faithfull  servant. 

EGBERT  KVKLIX. 

'  Now  since  master  Elmes  letter  and  seven  years  discoveries  of 
'the  lord  governor  in  person,  and  by  honest  traders -with  the  Indians 
'  we  finde  beside  the  Indian  kings  by  him  known  and  printed,  in 
'  this  province  there  is  in  all  twenty  three  Indian  kings  or  chief 
'commanders,  and  besides  the  number  of  800  by  him  named, 
'  there  is  at  least  1200  under  the  two  Earitan  kings  on  the  north 
*  side  next  to  Hudsons  river,  and  those  come  down  to  the  ocean 

' about 


O  F    S  E  \V  -JERSEY.  31 

lia<l  to  renew  their  friendship:    The  Indians  had  before        A.  D. 
made  complaint,  that  the  Swedes  had  introduced  much 

evil 

'about  little  Egbay  and  Sandy  Barnegate,  and  about  the  South 
'cape  two  small  kings  of  forty  men  a  piece,  called  Tirans  and 
'TUftConfl,  and  a  third  reduced  to  fourteen  men  at  Koymont,  the 
(Sa*quehannoeka  are  not  now  of  the  naturals  left  above  110,  tho' 
'with  their  forced  auxiliaries  the  Ihon  a  Does,  and  Wicomeses  they 
'can  make  250:  these  together  are  counted  valiant  and  terrible  to 
'other  cowardly  dul  Indians,  which  they  beat  with  the  sight  of 
'guns  only. 

'The  eight  seat  is  Kildorpy,  neer  the  fals  of  Charles  river,  neer 
'200  miles  up  from  the  ocean,  it  hath  clear  fields  to  plant  and  sow 
'and  neer  it  is  sweet  large  meads  of  clover  or  honysuckie,  no  where 
'else  in  America  to  be  seen,  unlesse  transported  from  Europe,  a 
'ship  of  140  tuns  may  come  up  to  these  fals  which  is  the  best  seat 
'for  health,  and  a  trading  house  to  be  built  on  the  rocks,  and  ten 
*  leagues  higher  are  Jead^nines  in  stony  hills. 

'The  ninth  is  called  mount  Ployden,  the  seat  of  the  Kariton 
'king  <>n  the  north  side  of  this  province  twenty  miles  from  Bandhay 
'>ra,  and  ninety  from  the  ocean,  next  to  Amara  hill,  the  retired 
•paradise  of  the  children  of  the  Ethiopian  emperoiir,  a  wonder, 
'for  it  is  a  square  rock,  two  miles  compare,  150  foot  high,  a  wall- 
Mike  precipice,  a  strait  entrance,  easily  made  invincible,  where  he 
'keeps  two  hundred  for  his  guard,  and  under  it  is  a  flat  valley,  all 
'  plain  to  plant  and  sow. 

'The  Sasquehannocks  new  town  is  also  a  rare,  healthy  and  rich 
'place,  with  it  a  crystal  broad  river,  but  some  fals  below  hinder 
'navigation,  and  tin-  hooke  hill  on  the  ocean  with  its  ck-ir  fields 
'  neer  Hudson*  river  on  one  side,  and  a  ten  leagues  flowing  river  on 
'the  south  side  is  much  commended  tor  health  and  fish,  were  it  not 
'so  northerly. 

'The  bounds  is  a  thousand  miles  compass,  of  this  most  temperate 
'rich  province,  for  our  south  bound  is  Maryland  north  hound*,  and 
'beginnettl  at  Aqnata  or  the  southermost  or  first  rape  of  Delaware 
'  I'.ay,  in  thirty  eight  and  forty  minutes,  and  so  runneth  by.  or 
'through,  or  including  Kent  Isle,  through  Chi-apeask  Bay  to  Pi>- 
'cataway;  including  the  fals  of  I'awtomecke  river  to  the'head  or 
'northernmost  branch  of  that  river,  being  three  hundred  miles 
'due  west,  and  thence  northward  to  the  head  of  Hudson's  river 
'fifty  leagues,  ;md  so  down  Hudson's  river  to  the  ocean  sixty 
'leagues:  and  thence  to  the  oi-ean  and  isle-;  acro-se  Delaware  I5av, 
'  to  the  South  cape  fifty  leagues  ;  in  all  seven  hundred  and  eiirhiv 
'miles.  Then  all  Hudson's  river,  isles,  Long  Isle,  or  1'amunke, 
'and  all  isles  within  ten  leagues  of  the  said  province  being;  and 
'noie,  Long  isle  alone  is  twenty  broad,  and  one  hundred  and  eightv 
'miles  lonir,  so  that  alone  is  four  hundred  miles  eomp;is-e.  No\\ 
*I  have  examined  all  former  patents,  some  being  surrenderd,  and 
'some  adjudg'd  void,  as  gotten  on  false  suggestions,  as  that  at  the 

'  councell 


32  THE    HISTORY 

A'._D.  evil  amongst  them;  because  many  of  the  Fndians  since 
their  coming  were  dead;  but  the  Swedes  now  making 
them  considerable  presents,  these  received  and  divided 
amongst  them,  one  of  their  chief's,  whose  name  was 
Xoaman,  made  a  speech  rebuking  the  rest  for  having 
spoken  evil  of  the  Swedes,  and  done  them  harm; 
telling  them  they  should  do  so  no  more,  that  the 
Swedes  were  a  good  people,  and  thanking  them  for 
the  presents,  promised  for  the  future,  that  a  more 
strict  friendship  should  be  observed  betwixt  them : 
That  as  formerly  they  had  been,  but  one  body  and  one 
heart,  they  should  be  henceforward,  as  one  head,  as 

a 

'councell  table  was  at  master  Gonges  suit,  of  Mantachusets,  and 
'as  capt.  Clay  born,  heretofore  secretary  and  now  treasurer  of 
'Virginia,  in  dispute  with  master  Leonard  Calvert  alledgeth  ;  that 
'of  Maryland  is  likewise  void  in  part  as  gotten  on  false  suggestions  ; 
'for  as  capt.  Clay  born,,  she  weth  the  Maryland  patent  in  the  first 
'part  declareth  the  king's  intention  to  be  to  grant  a  land  thereafter 
'described,  altogether  dishabited  and  implanted,  though  possest 
'with  Indians.  Now  Kent  isle  was  with  many  housholds  of 
'English  by  C.  Clayborn  before  seated,  and  because  bis  majesty 
'by  his  privy  signet  shortly  after  declared  it  was  not  his  intention 
'to  grant  any  lands  before  seated  and  habited:  and  for  that  it  lieih 
'by  the  Maryland  printed  card,  clean  north-ward  within  Albion, 
'and  not  in  Maryland,  and  not  onely  late  sea-men,  but  old  deposi- 
'tions  in  Claybornes  hand,  shew  it  to  be  out  of  Maryland,  and 
'for  that  Albions  privy  signet  is  elder,  and  before  Maryland 
•  'patent,  Clayborn  by  force  entered,  and  thrust  out  master  Calvert 
'out  of  Kent;  next  Maryland  patent  coming  to  the  ocean,  saith 
'along  by  the  ocean  upon  Delaware  Bay;  that  is  the  first  cape  of 
'the  two  most  plain  in  view,  and  exprest  in  all  late  English  and 
'Dutch  cards;  and  note  unto. Delaware  Bay  is  not  into  the  Bay,  nor 
'farther  then  that  cape  heading  the  Bay,  being  in  thirty  eight  and 
'forly,  or  at  most  by  seven  observations  I  have  seen,  thirty  eight 
'and  fifty  minutes:  So  as  undoubtedly,  that  is  the  true  intended 
'and  ground  bound,  and  line,  and  no  farther,  for  the  words  Jollow- 
' ing  are  not  words  of  grant,  but  words  of  declaration;  that  is, 
'  II ' hick  ])ii<ii/-<ire  Hdy  lieth  in  forty  degrees  where  New- England 
'ends;  these  are  both  untrue,  and  so  being  declarative  is  a  false 
'suggestion;  is  void,  for  no  part  of  Delaware  Bay  lieth  in  forty. 
'  Now  if  there  were  but  the  least  doubt  of  this  true  bounds,  I  should 
'wish  by  consent  or  commission,  a  perambulation  and  boundary,  not 
'but  there  is  land  enough  for  all,  and  I  hold  Kent  isle  having 
'  lately  but  twenty  men  in  it,  and  the  mill  and  fort  pulled  down,  and 
'  in  war  with  all  the  indians  neer  it,  not  worth  the  keeping. 


OF    NEW -JERSEY  33 

a  token  of  which  he  waived  both  his  hands  as  if  tying  A.  D. 
a  strong  knot,  promising  also  that  if  they  heard  of 
any  mischief  plotting  against  ^the  Swedes,  although  it 
were  midnight,  they  would  give  them  notice,  and 
desired  the  like  notice  from  the  Swedes,  if  they  under- 
stood harm  was  intended  them;  the  Swedes  then 
desiring  the  Indians  in  general  would  give  them  some 
signal  that  they  all  assented  to  what  was  said ;  they 
gave  a  general  shout  of  approbation,  and  in  the  con- 
clusion were  entertained  by  the  Swedes  with  victuals 
and  drink;  it  was  observed  the  Indians  kept  this 
league  faithfully :  The  Swedish  ships  sent  to  succour 
this  new  colony,  beyig  obstructed  in  their  intended 
voyage,  by  the  Spaniards ;  and  the  Swedes  unable 
for  want  of  money  to  keep  their  forts  in  repair ;  gave 
their  more  powerful  neighbours  the  Dutch,  opportunity 
with  less  danger  to  make  encroachments  upon  them. 
Accordingly,  in  this  year,  the  Dutch  who  inhabited 
near  Virginia  and  New-Sweden,  gave  the  Swedes 
disturbance,  seeking  to  regain  the  forts  they  had  for- 
merly possessed:  But  this  by  means  of  the  Swede 
governor,  with  Peter  $tuyvesant,  who  commanded 
under  the  Dutch,  at  New- Amsterdam,  was  in  appear- 
ance settled;  yet  in  the  year  following,  the  Dutch 
fitted  out  seven  vessels  from  New-Amsterdam,  with  1555. 
six  or  seven  hundred  men ;  who  in  the  summer,  under 
the  command  of  Stuyvesant,  came  up  Delaware, 
and  took  their  first  quarters  at  Elsingburgh,  where  Stuyve- 
they  made  some  Swedes  prisoners :  Next  they  sailed  ^edition." 
towards  a  fort  called  Holy  Trinity;  having  landed 
their  men  at  a  point  near  the  place,  and  intrenched 
themselves,  they  soon  after  went  up  to  the  fort,  and 
demanded  a  surrender,  threatning  what  they  would 
do  in  case  of  refusal :  After  which,  by  treaty  or  other- 
wise, they  gained  possession,  took  down  the  Swedes  gains  pos- 
flag,  and  hoisted  their  own,  securing  all  places  with  8e8810D- ' 

c  their 


34  THE    HISTORY 

A.  D.  their  soldiers,  and  sending  the  Swedes  they  had  taken 
prisoners,  on  board  their  vessels : — An  acquisition 
deemed  considerable,  because  this  fort  was  looked 
upon  as  the  key  of  New-Sweden. 

On  the  second  of  September,  they  besieged  Chris- 
tiana fort  and  town  ;  and  destroyed  New  Gottemburgh, 
with  such  houses  as  were  without  the  fort;  plundering 
the  inhabitants  of  what  they  had,  and  killing  their 
cattle ;  the  Swedes  endeavoured  to  perswade  the  Dutch 
to  desist  from  these  acts  of  hostility,  but  to  no  pur- 
pose :  After  14  days  siege,  they  (in  want  of  Ammuni- 
Terms.  tion)  were  .obliged  to  surrender  upon  terms:  That 

all  the  great  guns  should  be  restored;  to  which  pur- 
pose an  inventory  was  taken ;  the  Swedes  had  also  the 
gratification  to  march  out  of  the  fort,  with  their  arms, 
their  colours  flying,  and  drums  beating.  The  officers 
and  other  principal  inhabitants  among  the*  Swedes, 
were  carried  prisoners  to  New-Amsterdam,  and 
thence  to  Holland;  but  the  common  people  submitting 
to  the  Dutch,  remained  in  the  country. 

From  this  time  till  the  year  1664,  New-Sweden, 
1664.  an(]  New-Netherland,  continued  in  possession,  and 
under  government  of  the  Dutch ;  who,  on  the  island 
called  Manhattan,  at  the  mouth  of  Hudson's  river, 
had  built  the  city,  which  they  named  Kew-Amsterdam 
(New  York) ;  and  the  river  they  sometimes  called  the 
Great  River:  About  150  miles  up,  they  built  a  fort, 
and  called  it  Orange,  (Albany)  from  thence  they  drove 
a  profitable  trade  with  the  Indians,  who  came  over  land 
as  far  as  from  Quebec,  to  deal  with  them.  The  first 
bounds  of  New- York,  were  Maryland  on  the  south,  the 
main  land  as  far  as  could  be  discovered  westward,  the 
river  of  Canada  northward,  and  New-England  eastward: 
But  the  limits  of  this  province,  by  the  grants  afterwards, 
were  reduced  into  a  much  narrower  compass ;  that 
now  called  New-Jersey,  in  virtue  of  one  of  those  grants, 

was 


OF    NEW-JERSEY.  35 

was    probably  so  denominated,  in    compliment   to   sir        A.  D. 
George  Carteret,  one  of  the  proprietors,  and  a  Jersey  >64* 

man./- 


CHAP.    III. 

The  particulars  of  the  English  conquest  in  1664,  and  the 
transactions  afterwards  respecting  the  inhabitants  on 
Delaware:  The  arrival  of  Francis  Lovelace,  as 
governor,  part  of  his  administration,  and  desertion 
of  the  Hoarkills. 

KING  Charles  ^he  second,  considering  of  what  ill 
consequence  a  Dutch  colony  must  be  in  the  heart 
of  his  dominions,  and  determining  to  dispossess  them, 
gave  a  patent  to  his  brother  the  duke  of  York,  for  a 
great  part  of  North- America,  in  which  were  included 
the  provinces  New- York,  New-Jersey,  and  all  other 
lands  thereunto  appertaining,  with  powers  of  govern- 
ment :  And  though  his  reign  was  not  enterprizing,  the 
Duke's  concern  in  this  property,  and  the  aversion  of 
both  to  the  Dutch  9-  made  the  reduction  of  this  coun- 
try the  first  military  stroke.  Before  there  was  any  formal 
declaration  of  war  with  Holland,  Sir  Robert  Carre,  Sir  Robert 
was  sent  to  America,  with  a  small  fleet  and  some  land  Carre>  &c* 
forces,  to  put  the  Duke  in  possession  of  the  country ; 
this  appears  by  the  date  of  the  commission  given  on 
this  occasion,  which  was  the  26th  of  April  1664,  and 
the  war  with  Holland  was  not  declared  till  some 
months  after. 

Thus  the  Dutch  here,  being  unprovided  for  defence 
against  a  royal  squadron  and  land  forces,  rendered  the 

expedition 

/.  It  is  said  for  some  little  time  at  first,  to  have  bore  the  name 

•'/. 

fj.  Y'nl.  Life  of  E.  of  Clarendon,  Oxford  printed  at  Clarendon 
printing  house.     Vol.  ii.  p.  373,  &c. 


36 


THE    HISTORY 


A.  D. 

1664. 


arrives  and 


the  Dutch. 


expedition  safe  and  easy,  Carre  had  joined  with  him 
in  cominission,  col.  Richard  Nicolls,  George  Cart- 
wright,  and  Samuel  Meverike.  They  arrived  at  Hud- 
son's River  the  latter  end  of  1664,  at  which  time  the 
Dutch  could  have  but  very  little  notice^-  of  the  designed 
rupture  :  The  land  forces  consisting  of  three  hundred 
men,  were  under  the  command  of  col.  Nicolls.  The 
Dutch  governor,  an  approved  soldier,  who  had  lost  a 
leg  in  the  service  of  the  states,  being  unprepared  for  this 
attack,  and  knowing  perhaps  the  defects  of  the  Dutch 
dispossesses  title,  at  least  their  present  incapacity  of  defence,  was 
after  some  time  prevailed  on  to  surrender  quietly.  The 
papers  and  messages  that  passed  between  him  and  the 
English  on  this  occasion,  will  give  the  reader  a  full 
insight  into  the  manner  and  terms  of  this  surrender. 

When  the  English  arrived  at  New-Amsterdam,  a 
proclamation  was  made  and  spread  through  the  country 
of  the  design  of  their  coining,  conceived  in  the  terms 
following. 

'  By  his  Majesty's  command. 

'  Forasmuch  as  his  majesty  hath  sent  us  by  commis- 
'sion,  under  his  great  seal  of  England,  amongst 'other 
'  things,  to  expel  or  to  reduce  to  his  majesty's  obedience, 
'all  such  foreigners  as  have  without  his  majesty's  leave 
'and  consent,  seated  themselves  amongst  any  of  his 
'dominions  in  America,  to  the  prejudice  of  his  majes- 
'  tv's  subjects  and  the  diminution  of  his  royal  dignity  : 
( We  his  majesty's  commissioners  do  declare  and  pro- 
'  mise,  that  whosoever  of  what  nation  soever,  will  upon 
'  knowledge  of  this  proclamation,  acknowledge  and 
'testify  themselves  to  submit  to  his  majesty's  govern- 
'  ment,  as  his  good  subjects  ought  to  do,  shall  be  pro- 
jected by  his  majesty's  laws  and  justice,  and  peace- 
'ably  enjoy  whatsoever  God's  blessing  and  their  own 
( honest  industry  have  furnished  them  with  ;  and  all 

'  other 


Procla- 
mation. 


h.   The    first   notice    they    had    was    from    Thomas  Willet,   an 
Englishman,  about  6  weel*s  before  their  arrival. 


OF    NEW-JERSEY.  37 

'other  privileges  with  his  majesty's  English  subjects:        A.  D. 
'We  have  caused   this  to  be  published,  thatVe  might  l54* 

'prevent  all  ineonveuiencies  to  others  if  it  were  possi- 
ble, however,  to  clear  ourselves  from  the  charge  of  all 
1  those  miseries  that  anyway  may  befall  such  as  live  here, 
'and  will  not  acknowledge  his  majesty  for  their  sove- 
' reign:  Whom  God  preserve.' 

The  Dutch  governor  Stuyvesant,  upon  notice  of  the 
arrival  of  the  English  in  the  Bay,  dispatched  the  fol- 
lowing letter, 

Right  honourable  Sirs, 

'Whereas  we  have  received  intelligence,  that  about 
'three  days  since,  there  arrived  an  English  man  of  Stuyve- 
'  war,  or  frigate  in  the  Bay  of  the  North  River,  8ant>8  letter« 
'belonging  to  the  JJew  Netherlands,  and  since  that 
'three  more  are  arrived,  by  what  order  or  pretence  is 
'yet  unknown  to  us;  and  having  received  various 
'reports  concerning  their  arrival  upon  this  coast,  and 
'not  being  apt  to  entertain  any  prejudice  intended 
'against  us,  have  by  order  of  the  commander  in  chief 
'of  the  New  Netherlands,  thought  it  convenient  and 
'requisite,  to  send  the  worshipful  the  bearer  hereof, 
'that  is  to  say,  the  worshipful  John  Declyer,  one 
'of  the  chief  council,  the  reverend  John  Megapolensis, 
'  minister,  Paul  Leendelvandergrift,  mayor  of 
'this  town,  and  have  joined  with  them  Mr.  Samuel 
'  Megapolensis,  doctor  in  physick,  whom  by  these 
'presents  I  have  appointed  and  ordered,  that  with  the 
'utmost  respect  and  civility,  they  do  desire  and  entreat 
'of  the  commander  in  chief  of  the  aforesaid  men  of 
'  war  or  frigates,  the  intent  and  meaning  of  their 
'approach,  and  continuing  in  the  harbour  of  Naijacly, 
'without  giving  any  notice  to  us,  or  first  acquainting 
'us  with  their  design,  which  action  hath  caused  much 
'admiration  in  us,  having  not  received  timely  know- 
'  ledge  of  the  same,  which  in  respect  to  the  govern- 
'meut  of  the  place,  they  ought,  and  were  obliged  to 
'have  done;  wherefore  upon  the  considerations  afore- 
'  said,  it  is  desired  and  entreated  from  the  general  of 

the 


38  THE    HIS  TORY 

A.  D.        ( the  aforesaid  men  of  war  or  frigates,  as  also  from  our 

1664.        t  kefore  deputed  agents,  whom  we  desire  your  honours 

'civily  to  treat,  and  to  give  and   render  unto  them, 

'  the  occasion  of  your  arrival  here  upon,  this  coast,  and 

'  you  will  give  an  opportunity  (that  after  our  hearty 

*  salutes  and  wellwishes  of  your  health,)  to  pray,  that 
'you  may  be  blessed  in  eternity,  and  always  remain, 
'  right    honourable     sirs,    your     honours     affectionate 

*  friend  and  servant,  P.  STUYVESANT. 

'  By  order  and  appointment  of  the  governor  and  com- 
1  mander  in  chief  of  the  council  of  New  Netherlands, 
'the  19-29  of  August,  1664. 

CORNELIUS  RUYVEN,  Secretary." 

To  this  letter  col.  Nicolls  sent  the  answer  following. 

'  To  the  honourable  the  governor  and  chief  council  at 
'  the  Manhatans.*- 

'  Right  worthy  Sirs, 

Nicoli's  {  j  received  a  letter  by  some  worthy  persons  entrusted 

'by  you,  bearing  date  the  19-29th  of  August,  desiring 
( to  know  the  intent  of  the  approach  of  the  English 
'frigates,  in  return  of  which  I  think  fit  to  let  you 
'  know,  that  his  majesty  of  Great-Britain,  whose  right 
'  and  title  to  these  parts  of  America  is  unquestionable, 
'  well  knowing  how  much  it  derogates  from  his  crown 
'  and  dignity,  to  suffer  any  foreigners  how  near  soever 
'they  be  allied,  to  usurp  a  dominion,  and  without  his 
'majesty's  royal  consent,  to  inhabit  in  these  or  any 
'other  his  majesty's  territories;  hath  commanded  me 
'  in  his  name,  to  require  a  surrender  of  all  such  forts, 
'  towns  or  places  of  strength,  which  are  now  possessed 
'  by  the  Dutch  under  your  commands ;  and  in  his 
'  majesty's  name  I  do  demand  the  town  situate  upon  the 
'  island  commonly  known  by  the  name  of  Man  ha  toes, 
'  with  all  the  forts  thereunto  belonging,  to  be  rendered 
'  unto  his  majesty's  obedience  and  protection  unto  my 
'  hands :  I  am  further  commanded  to  assure  you,  and 

every 

i.  The  Indian  name,  by  which  New- York  island  was  formerly 
called. 


OF    NEW-JERSEY.  39 

( every  respective  inhabitant  of  the  Dutch  nation,  that        A.  D; 

'  his  majesty  being  tender  of  the  effusion  of  Christian         1(J64< 

'  blood,  dotli  by  these  presents,  confirm  and  secure  to 

'every    man,  his   estate,   life   and    liberty,    who   shall 

'  iv.-idily  submit  to  his  government;    and  all  those  who 

1  shall    oppose   his    majesty's  gracious   intentions,  must 

'  expect  all  the  miseries  of  a  war  which  they  bring  upon 

'  themselves.     I   shall   expect   your   answer   by   those 

'  gentlemen,   colonel    George   Cartwright,   one   of    his 

'  majesty's   commissioners   in  America,  captain   Robert 

*  Needham,  capt.   Edward    Groves,  and    Mr.   Thomas 
'  Delavall,  whom  you  will  entertain  and  treat  with  such 

*  civility  as  is  due  to  them  and  yourselves,  and  you  shall 

*  receive  the  same  from,  worthy  sirs,  your  very  hum- 

*  ble  servant,  RICHARD  NICOLLS. 
'Dated  on  board  bis  majesty's  ship  the  Guinea,  riding 

'  before  Naijack,  the  20-30  of  August  1664. 

Stuyvesant    now    fully   informed    of    the    English    Stuyve- 
generaPs  business  from  himself,  returned  in  answer : 

'  That  they  were  so  confident  of  the  discretion  and 
'equity  of  his  majesty  of  Great-Britain,  that  were  his 
'  majesty  truly  informed  of  their  right,  he  would  not 
'  have  given  such  an  order  :  That  the  Dutch  came  not 
'  into  these  provinces  by  any  violence,  but  by  virtue  of 
'a  commission  from  the  states  general  in  1614,  when 
'they  settled  the  North  River,  near  fort  Orange,  and 
'  to  avoid  the  invasions  and  massacres  commonly  com- 
'  mitted  by  the  savages;  they  built  a  little  fort  there: 
'That  afterwards  in  the  year  1662,  and  at  the  present 
'  time,  by  virtue  of  a  commission  and  grant  to  the 
'  governor  of  the  West-India  company,  and  another 
'  in  the  year  1656  of  the  South  River,  to  the  burgo- 
'  masters  of  Amsterdam,  they  had  peaceably  governed 
'  and  enjoyed  these  provinces :  That  they  were  the  first 
'discoverers,  had  purchased  the  land  of  the  natives, 
'  princes  of  the  country ;  and  had  continued  in  the 
'uninterrupted  possession  thereof:  That  they  made 
'  no  doubt  that  if  his  majesty  of  Great-Britain,  were 
'  truly  informed  of  these  passages,  he  was  too  judicious 

to 


40 


THE    HISTORY 


A.  D. 

1664. 


Order  to 
Hide. 


Stuvve- 
Bant's  third 
letter. 


'  to  give  any  order  that  the  places  and  fortresses  in  their 
'  hands  should  be  given  up,  especially  at  a  time  when  so 
'  strict  a  friendship  subsisted  between  his  majesty  and  the 
'  states  general :  That  the  offering  any  act  of  hostility  and 
(  violence  against  them,  would  be  an  infraction  of  the 
'  treaty,  which  subsisted  between  his  majesty  of  Great- 
'  Britain  and  the  states  general :  That  as  to  the  threats 
'  in  the  conclusion  of  general  Nicoll's  letter,  he  had 
'  nothing  to  answer,  only  that  they  feared  nothing  but 
'  what  God  should  lay  upon  them.7 

Col.  Nicolls,  receiving  this  answer,  found  nothing 
was  to  be  done  by  delay  ;  and  being  resolved  to  assert  his 
masters  right  in  the  best  manner  he  could,  directed 
an  order  to  capt.  Hide  to  this  effect : 

'.Whereas  the  governor  and  council  of  the  Dutch 
'plantation  upon  the  Manhatoes,  in  Hudson's  River, 
'  have  in  answer  to  a  summons  returned  their  resolutions 
'  to  maintain  the  right  and  title  of  the  states  general 
'and  West-India  company  of  Holland,  to  their  forts, 
'  towns  and  plantations  in  these  parts  of  America:  I 
'  do  therefore  in  prosecution  of  his  majesty's  service, 
'  recommend  to  captain  Hugh  Hide,  commander  in 
'  chief  of  the  squadron,  to  prosecute  with  the  advice 
'of  the  captains  under  his  command,  his  majesty's 
'  claim  and  interest,  by  all  ways  and  means  as  they  shall 
'  think  most  expedient,  for  the  speedy  reducing  the 
'  Dutch  under  his  majesty's  obedience,  and  for  so  doing 
'  this  shall  be  their  warrant.  Given  under  my  hand 
'  the  24th  of  August  1664,  on  board  his  majesty's  ship 
'  the  Guinea.  RICHARD  NlCOLLS/ 

It  appearing  by  this  order,  and  preparations  in 
consequence  of  it,  that  the  English  were  not  come 
for  amusement  "only ;  Stuy vesant  thought  it  best 
before  matters  were  carried  too  far,  to  propose  one 
expedient  more;  this  he  did  by  letter  to  col.  Nicolls, 
the  4th  September. 

My  Lord., 

'  Upon  our  letter  the  day  before  yesterday,  and 
'  upon  the  communication  by  word  of  mouth,  of  our 

deputies 


OF    NEW-JERSEY.  41 

'  deputies,   touching    the    just    right    and     possession  ;        A.  D. 

'  without  dispute  of  my  lords,  tin-  Mate-  general  of  the         1664> 

'  united    provinces,    as    also    of   our    discovery    of   the 

'news  from  Holland;    which  makes   us  not   to  doubt 

'hut   that   the    king    of   Great-Britain,   and    my    lords 

'  the  said    states,   are  at  this  hour   agreed    upon   their 

'limits:    this  had  given  us  hope  my  lord  to  avoid  all 

'dispute;    that  you    would    have  desisted    from   your 

'  design,  or  at  least  have  given  time  that  we  might  have 

'  heard  from  our  masters ;  from  which  expectation  we 

'  have  been  frustrated  by  the  report  of  our  said  deputies, 

'  who   have  assured    us  by  word   of  mouth,  that  you 

'  persist  on  your  summons  and  letter,  of  20-80  August, 

'  upon   which   we  have  no  other  thing  to  answer,  but 

'  that    following    the    order    of    my    lords    the    states 

'  general,  we  are  obliged    to  defend    our   place;    how- 

'  ever  that  in   regard    that   we    make    no    doubt,   that 

'  upon  your  assault  and    our  defence,   there  will  be  a 

'  great  deal  of  blood  spilt;  and  besides  it  is  to  be  feared 

'greater     difficulty     may    arise     hereafter;     we    have 

'thought  fit  to  send   unto  you,   Mr.  John  de  Decker, 

'counsellor  of  state ;    Cornelius  Van   Riven,  secretary 

'and     receiver;     Cornelius     Steenwick,     mayor,     and 

'James  Coussea,  sheriff;    to  the  end   of  finding  some 

'  means  to  hinder  and  prevent  the  spilling  of  innocent 

'  blood,    which    we   esteem    my    lord    not   to    be   your 

'  intention  ;  praying  that  you  will  please  to  appoint  a 

'  place  and  hour,  and   send  or  cause  your  deputies  to 

'  meet  there,  with    full    commission    to  treat  and  seek 

'  out   the    means    of   a  good   accommodation ;    and    in 

'  the  mean  time  to  cause  all  hostility  to  cease :     Upon 

'  which,  after  recommending  you   to  the  protection  of 

'  God,   we   remain,    my  lord,  your   thrice   affectionate 

'  friend  and  servant, 

P.  STUYVESANT. 

To  this  col.  NicolPs  replyed,  in  a  letter  directed 
to  the  honourable  the  governor  of  the  Manhatoes, 
as  follows : 

Right 


42  THE    HISTORY 

A.  D  Right  worthy  sir, 

'  In  answer  to  yours  of  the  4th  of  September,  new 
'  stile,  by  the  hands  of  John  de  Decker,  counsellor  of 
'state,  Cornelius  Van  Riven,  secretary  and  receiver, 
'  Cornelius  Steenwick,  burgo  master,  and  James 
'  Causseau,  sheriff,  I  do  think  it  once  more  agreeable 
'  to  the  kings  intentions,  and  my  duty  to  his  strict 
'  commands,  to  propose  and  receive  all  ways  and 
'  means  of  avoiding  the  effusion  of  Christian  blood ; 
'  of  which  sincere  intention,  I  suppose  you  are  already 
'  fully  satisfied,  and  shall  have  no  cause  to  doubt  it 
'  for  the  future ;  as  also  that  I  do  insist  upon  my  first 
'  summons  and  message  to  you,  for  a  speedy  surrender 
'  of  the  towns  and  forts  now  under  your  command, 
'  into  his  majesty's  obedience  and  protection.  You 
'  may  easily  believe  that  in  respect  of  greater  difficulties 
'which  are  ready. to  attend  you,  I  should  willingly 
'  comply  with  your  proposition  to  appoint  deputies, 
'  place  and  time  to  treat  of  a  good  accommodation ; 
'  but  unless  you  had  also  given  me  to  know,  that  by 
'  such  a  meeting  you  do  intend  to  treat  upon  articles  of 
'  surrender,  I  do  not  see  just  cause  to  defer  the  pur- 
'suauce  of  his  majesty's  commands,  my -first  demand 
'  and  my  last  answer,  of  reducing  your  towns  and 
'  forts  to  his  majesty's  obedience ;  which,  why  you  call 
'  acts  of  hostility,  I  see  no  reason  :  However,  since  you 
'have  given  yourself  and  messengers  this  new  trouble. 
'  I  shall  also  take  this  fresh  occasion,  to  assure*  you 
'  that  I  heartily  with  health,  peace  and  prosperity,  to 
'every  inhabitant  of  your  plantations,  and  particularly 
'  to  yourself,  as  being  your  affectionate  humble  servant, 

RICHARD  NICOLLS. 
Gravesend,  25th  August.  1664. 

The  Dutch  governor  finding  Nicolls  grew  more 
resolute  in  his  enterprize,  and  the  country  in  general 
for  him,  after  having  tried,  in  vain,  what  other  pacifick 
expedients  he  could,  at  last  agreed  to  a  surrender  of  the 
fort  and  province  under  his  government,  and  commis- 
sioners were  authorized  to  treat  upon  the  articles ;  those 

on 


OF    NEW- JERSEY.  43 

on  the  part  of  the  English  were,  sir  Robert  Carre,  knt.        A- 
colonel    (u-oi-ov  (artwright,  John  Winthrop,  esq ;    go- 
ycrnor  of  Connecticut,  and  Samuel  Willis,  one  of  his  siouers. 
council,  capt.  Thomas  Clarke,  and  capt.  John  Punct- 
won,   commissioners    from   the   general    court   of    the 
Massachusetts,  the  persons  named   by  governor  Stuy- 
vesant  were,  John  de  Decker,  Nicholas  Varlett,  com- 
missary,  concerning  matters  of  traffick,   Samuel    Me- 
ga polcuis is,    Cornelius    Steenwick,    Stephen    Courtland, 
and  James  Coussea. 

The  articles  of  this  treaty  as  they  are  signed  and 
confirmed  by  col.  Nicolls  and  governor  Stuyve- 
sant,  and  subscribed  by  the  commissioners,  bear  date 
the  27th  of  August  1664  old  stile,  and  are  as  follows. 

1.  We  consent  that  the  states  general,  or  the  West  Articles. 
India  company,  shall  freely  enjoy  all  farms  and  houses, 
except  such  as  are  in  the  forts,  and  that  within  six 
months  they  shall  have  free  liberty  to  transport  all  such 

arms  and  ammunition,  as  now  do  belong  to  them,  or 
else  they  shall  be  paid  for  them. 

2.  All    publick    houses   shall   continue  for  the  uses 
which  now  they  are  for. 

3.  All  people  shall  still  continue  free  dennizens,  and 
enjoy    their    lands,    houses,   goods,   ships    wheresoever 
they  are  within  the  country,  and  dispose  of  them  as 
they  please. 

4.  If    any    inhabitant     have    a    mind    to    remove 
himself,  he  shall  have  a  year  and  six  weeks  from  this 
day  to  remove  himself,  wife,  children,  servants,  goods, 
and  to  dispose  of  his  lands  here. 

5.  If  any  officer  of  state  or   publick   minister   of 
state  have  a  mind  to  go  for  England,  they  shall  be 
transported  freight  free  in  his  majesty's  frigates,  when, 
those  frigates  return  thither. 

6.  It  is  consented  to  that  any  people  may  freely  come 
from  the  Netherlands,  and  plant  in  this  country,  and 
that  Dutch  vessels  may  freely  come  hither,  and  any  of 

the 


44  THEHISTOKY 

A.  D.        the  Dutch  may  freely  return  home,  or  send  any  sort  of 
1664.        merchandize  home  in  vessels  of  their  own  country. 

7.  All    ships    from    the   Netherlands,  or   any  other 
place   and   goods   therein   shall   be  received  here  and 
sent   hence    after    the    manner    which   they   formerly 
were,  before  our  coming  hither  for  six  months  next 
ensuing. 

8.  The  Dutch  shall  enjoy  the  liberty  of  their  consci- 
ences, in  divine  worship  and  Dutch  discipline. 

9.  No   Dutchman    here,   or  Dutch  ship   here,  shall 
upon  any  occasion  be  pressed  to  serve  in  war  against  any 
Nation  whatsoever. 

10.  That  the  townsmen  of  the  Manhatoes  shall  not 
have  any  soldiers  quartered  upon  them,  without'  being 
satisfied  and  paid  for  them  by  the  officers,  and  that  at 
this  present,  if  the  fort  be  not  capable  of  lodging  all 
the  soldiers,  then  the  burgomaster  by  his  officers,  shall 
.appoint  some  houses  capable  to  receive  them. 

11.  The  Dutch  here  shall  enjoy  their  own  customs 
concerning  their  inheritances. 

12.  All  publick  writings  and  records,  which  concern 
the. inheritances  of  any  people,  or  the  reglement  of  the 
church  or  poor  or  orphans,  shall  be  carefully  kept  by 
those  in  whose  hands  now  they  are,  and  such  writings 
as  particularly  concern  the  states  general,  may  at  any 
time  be  sent  to  them. 

13.  No  judgment  that  hath  passed  any  judicature 
here,  shall  be  called  in  question,  but  if  any  conceive  he 
hath  not  had  justice  done  him,  if  he  apply  himself  to 
the  States  General,  the  other  party  shall  be  obliged  to 
answer  for  the  supposed  injury. 

14.  If  any  Dutch    living   here,  shall   at   any  time 
desire  to  travel  or  traffick  into  England,  or  any  place 
or  plantation  in  obedience  to  his  majesty  of  England, 
or  with  the  Indians,  he  shall  have  upon  his  request  to 
the  governor,  a  certificate  that  he  is  a  free  Denizen  of 
this  place,  and  liberty  it  to  do. 

15.  If  it  do  appear  that  there  is  a  publick  engage- 
ment  of    debt,   by   the    town   of    Manhatoes,   and   a 

way 


OF    NEW-JERSEY.  45 

way  agreed  on  for  the  satisfying  of  that  engagement,        A.  D. 
it  is  agreed  that  the  same  way  proposed  shall  go  on ; 
and  that  the  engagements  shall  be  satisfied. 

16.  All  inferior  civil  officers  and  magistrates,  shall 
continue   as   they   now   are,   if    they   please,   till    the 
customary   time  of  new  election,  and  then  new  ones 
to  be  chosen  by  themselves ;    provided  that  such  new 
chosen   magistrates,  shall  take   the  oath  of  allegiance 
to   his   majesty   of  England,  before   they  enter   upon 
their  offices. 

17.  All  differences  of  contracts  and  bargains   made 
before   this   day,    by   any   in    this    country,   shall    be 
determined  according  to  the  manner  of  the  Dutch. 

18.  If  it  does  appear  that  the  West-India  company, 
of  Amsterdam,  do  really  owe  any  sums  of  money  to 
any  persons  here;    it  is  agreed  that   recognition   and 
other  duties  payable  by  ships  going  for  the  Netherlands 
be  continued  for  six  months  longer. 

19.  The   officers  military  and  soldiers,  shall  march 
out  with  their  arms,  drums  beating,  and  colours  flying, 
lighted  matches ;  and  if  any  of  them  will  plant  they 
shall  have  fifty  acres  of  land  set  out  to  them ;  if  any 
of  them  will  serve  any  as  servants,  they  shall  continue 
with  all  safety  and  become  free  Denizens  afterwards. 

20.  If  at  any  time  hereafter  the  king  of  Great-Bri- 
tain and  the  States  of  the  Netherland,  do  agree  that 
this  place  and  country  be  redelivered  into  the  hands 
of  the  said  states,  whensoever  his  majesty  will  send  his 
commands  to  redeliver  it,  it  shall  immediately  be  done. 

21.  That  the  town  of  Manhatans  shall  choose  depu- 
ties, and   those  deputies  shall   have  free  voices  in  all 
publick  affairs. 

22.  That  those  who  have  any  property  in  any  houses 
in  the  fort  of  Aurania,  shall  if  they  please,  slight  the 
fortifications  there,  and  then  enjoy  all  their  houses  as 
all  people  do  where  there  is  no  fort. 

23.  If  there  be  any  soldiers  that  will  go  into  Hol- 
land, and  if  the  company  of  West  India  in  Amster- 
dam 


46  THEHISTORY 

A.  D.  dam,  or  any  private  persons  here,  will  transport  them 
into  Holland,  then  they  shall  have  a  safe  passport  from 
col.  Richard  Nicolls,  deputy  governor  under  his  royal 
highness,  and  the  other  commissioners,  to  defend  the 
ships  that  shall  transport  such  soldiers  and  all  the  goods 
in  them  from  any  »urprizal~or  act  of  hostility  to  be  done 
by  any  of  his  majesty;s  ships  or  subjects. 

24.  That  the  copies  of  the  king's  grant  to  his  royal 
highness,  and  the  copy  of  his  royal  highness's  commis- 
sion to  col.  Richard  Nicolls,  testified  by  two  com- 
missioners more  and  mr.  Winthrop,  to  Jbe  true  copies, 
shall  be  delivered  to  the  honourable  Mr.  Stuyvesant, 
the  present  governor,  on  Monday  next  by  eight  of  the 
clock  in  the  morning,  at  the  old  Milne,  and  these  arti- 
cles consented  to  and  signed  by  col.  Richard  Nicolls, 
deputy  governor  to  his  royal  highness,  and  that  within 
two  hours  after  the  fort  and  town  called  New  Amster- 
dam, upon  the  island  of  Manhatoes,  shall  be  delivered 
into  the  hands  of  the  said  col.  Richard  Nicolls,  by 
the  service  of  such  as  shall  be  by  him  thereunto 
deputed  by  his  hand  and  seal. 

The  articles  agreed  on,  the  fort  and  city  of  New- 
Amsterdam,  were  surrendered.  Some  of  the  houses 
were  then  built  of  brick  and  stone,  and  in  part  covered 
with  red  and  black  tile,  and  the  land  being  high,  it 
made  an  agreeable  prospect  to  those  that  visited  it  from 
the  sea ;  Most  of  the  Dutch  inhabitants  remained,  and 
took  the  oaths  to  the  English  government;  and  they 
and  their  posterity  have  been  loyal  subjects  ever  sinceA 

Thirteen   days  after  the  surrender  of  New  Anister- 

_,  dam,  col.  Nicolls,  marched   up  the  country  to  Orange 

•Orange.  fort,  and   having  taken  it  without  much  resistance,  he 

gave   it   the   name   of    Albany,    the   duke   of  York's 

Scotch 

k.  In  tlie  year  1751,  as  some  workmen  were  digging  down  the 
bunk  of  (lie  North  River,  in  New  York,  in  order  to  build  a  still- 
house,  a  stone  wall  was  discovered  between  four  and  five  feet  thick, 
near  eight  1'eet  underground,  supposed  to  ha$e  been  the  breast  work 
of  a  batterv. 


OF    NEW-JERSEY.  47 

Scotch  title :     But  previous  to  the  taking  of  this  fort,        A.  D. 
the  colonel  and   other  commissioners  sent  sir   Robert    Carre>fl  ' 
Carre  with  the  ships  under  his  command,  on  an  expedi-  expedition 
tion  into  Delaware  bay  and  river,  to  reduce  the  inha-  ^are<e  ' 
bitants  there.      To   this  end*  they   granted   him  their 
commission. 

'  Whereas  we  are  informed  that  the  Dutch  have  His  com- 
'  seated  themselves  at  Delaware  Bay,  on  his  majesty  of  misslon- 
4  Great-Britain's  territories,  without  his  knowledge  and 
'  consent,  and  that  they  have  fortified  themselves  there, 
( and  drawn  a  great  trade  thither,  and  being  assured  that 
'  if  they  be  permitted  to  go  on,  the  gaining  of  this 
'  place  will  be  of  small  advantage  to  his  majesty  :  We 
'  his  majesty's  commissioners,  by  virtue  of  his  majesty's 
'  commission  and  instructions  to  us  given,  have  advised 
'  and  determined  to  endeavour  to  bring  that  place  and 
'  all  strangers  there,  in  obedience  to  his  majesty,  and  by 
'  these  do  order  and  appoint  that  his  majesty's  frigates, 
4  the  Guinea,  and  the  William  and  Nicholas,  and  all 
'  the  soldiery  which  are  not  in  the  fort,  shall  with  what 
'  speed  they  conveniently  can  go  thither,  under  the 
'  command  of  sir  Robert  Carre,  to  reduce  the  same, 
'  willing  and  commanding  all  officers  at  sea  and  land 
'  and  all  soldiers  to  obey  the  said  sir  Robert  Carre 
'  during  this  expedition.  Given  under  our  hands  and 
'  seals,  at  the  fort  in  New- York,  upon  the  isle  of 
'  Manhatoes,  the  third  day  of  September,  1664. 

RICHARD  NICOLLS, 
GEORGE  CAHTWUIUHT, 
SAMUEL  MAVERICK. 

With   this  commission,   instructions    were  delivered 
Carre,  respecting  the  manner  in  which  he  was  to  con- 
duct on  his  arrival  in  the  bay  of  Delaware. 
'  Instructions  for  sir   Robert  Carre,  for  the   reducing 

'of  Delaware    bay,  and    settling    the    people    there, 

'  under  his  majesty's  obedience.' 

'  When   you   are   come   near    unto   the    fort,   which 
<  is  possess!  by  the  Dutch,  you  shall  send  your  boat 

on 


48  THE    HISTORY 

A.  p.  '  on  shore,  to  summons  the  governor  and  inhabitants 
( to  yield  obedience  to  his  majesty,  as  the  rightful 
1  sovereign  of  that  tract  of  land ;  and  let  him  and 
'  them  know,  that  all  the  planters  shall  enjoy  their 
'  farms,  houses,  land,  goods  and  chattels,  with  the 
1  same  priviledges,  and  upon  the  'same  terms  which 
'  they  do  now  possess  them ;  only  that  they  change 
'  their  masters,  whether  they  be  the  West-India  com- 
'  pany,  or  the  city  of  Amsterdam.  To  the  Swedes 
'  you  shall  remonstrate  their  happy  return  under  a 
'  monarchical  government,  and  his  majesty's  good 
'inclinations  to  that  nation,  and  to  all  men,  who 
'  shall  comply  with  his  majesty's  rights  and  titles  in 
1  Delaware,  without  force  of  arms. 

'  That  all  cannon,  arms  and  ammunition  which 
i  belongs  to  the  government,  shall  remain  to  his 
'  majesty. 

'  That  the  acts  of  parliament  shall  be  the  rule  for 
'  future  trading. 

'  That  all  people  may  enjoy  liberty  of  conscience. 
'  That  for  six  months  next  ensuing,  the  same  magis- 
'  strates  shall  continue  in  their  offices,  only  that  they 
( and  all  others  in  authority  must  take  the  oath  of 
1  allegiance  to  his  majesty,  and  all  publick  acts  be 
(  made  in  his  majesty's  name. 

<  If  you  find  you  cannot  reduce  the  place  by  force, 
'  or  upon  these  conditions,  you  may  add  such  as  you 
(  find  necessary  on  the  place ;  but  if  those,  nor  force, 
1  will  prevail,  then  you  are  to  dispatch  a  messenger 
1  to  the  governor  of  Maryland,  with  a  letter  to  him ; 
1  and  request  his  assistance,  and  of  all  other  English 
'  who  live  near  the  Dutch  plantations. 

*  Your  first  care  (after  reducing  the  place)  is  to 
1  protect  the  inhabitants  from  injuries,  as  well  as  vio- 
1  lence  of  the  soldiers ;  which  will  be  easily  effected,  if 
(  you  settle  a  course  for  weekly  or  daily  provisions  by 
'  agreement  with  the  inhabitants ;  which  shall  be 
'  satisfied  to  them,  either  out  of  the  proffits,  customs 
'  or  rents  belonging  to  their  present  master,  or  in  case 
'  of  necessity  from  hence.  '  The 


OF    NEW-JERSEY.  49 

'  The  laws  for  the  present  cannot  be  altered,  as  to        A.D. 
'the  administration  of  Justice  between  the  parti-  '    * 

1  To  mv  lord  Baltimore's  son  yon  shall  declare,  and 
'  to  all  the  English  concerned  in  Maryland,  that  his 
'  majesty  hath,  at  his  great  expence,  sent  his  ships  and 
1  soldiers  to  reduce  all  foreigners  in  those  parts  to  his 
'majesty's  obedience;  and  to  that  purpose  only,  you 
employed:  But  the  reduction  of  the  place  being 
'  at  his  inajestv's  expence,  yon  have  commands  to  keep 
'  possession  thereof  for  his  Majesty's  own  behoof  and 
'/•////«/;  and  that  you  are  ready  to  joyn  the  governor 
'  of  Maryland,  upon  his  majesty's  interest  on  all 
i-ions;  and  that  if  Lord  Baltimore  doth  pretend 
( right  thereto  by  his  patent,  (which  is  a  doubtful 
'  case)  you  are  to  say,  that  you  only  keep  possession 
'  till  his  majesty  is^informed  and  satisfied  otherwise. 

*  In  other  things,  I  must  leave  you  to  your  discretion, 
'  and  the  best  advice  you  can  get  upon  the  place/ 

In  pursuance  of  this  commission,  Carre  soon  set 
sail,  with  the  ships  under  his  command.  On  his  arrival 
against  New-Castle,  (then  called  New-Amstel)  the  New- 
Dutch  and  Swedes,  following  the  example  of  their 
capital,  New-Amsterdam,  capitulated  and  surrendered 
their  fort.  The  articles  were  signed  and  sealed  by 
the  English  commanding  officer,  and  six  of  the 
principal  inhabitants  of  the  place,  on  behalf  of  them- 
selves, and  others. 

'  Articles  of  agreement  between  the  honourable  sir  Articles. 
'  Robert  Carre,  knight,  on  the  behalf  of  his  ma- 
*jesty  of  Great-Britain,  and  the  burgo- masters,  on 
'  behalf  of  themselves,  and  all  the  Dutch  and 
'  Swedes,  inhabiting  on  Delaware  bay,  and  Dela- 
'  ware  river.7 

'  1.  That  all  the  burgesses  and  planters  will  submit 
'  themselves  to  his  majesty,  without  any  resistance. 

'  '2.  That    whoever,    or    what    nation    soever,    doth 
<>ii!>;.iit   to  his  majesty's  authority,  shall    be  protected 

*  in   their  estates,  real    and   personal   whatsoever,  by  his 
1  majesty's  laws  a;id  justice. 

D  <3.  That 


60  THE    HISTORY 


ffifi?*  l  ^'  ^nat  *ne  Present  magistrates  shall  be  continued 

'in    their   offices,   and  jurisdiction    to    exercise   their 
'  civil  power  as  formerly. 

'  4.  That  if  any  Dutchman  or  other  person  shall 
'  desire  to  depart  from  this  river,  it  shall  be  lawful 
'  for  him  so  to  do  with  his  goods,  within  six  months 
'  after  the  date  of  these  articles. 

'  5.  That  the  magistrates  and  all  the  inhabitants 
'(who  are  included  in  those  articles)  shall  take  the 
4  oaths  of  allegiance  to  his  majesty. 

'  6.  That  all  people  shall  enjoy  the  liberty  of  their 

*  consciences,  in  church  discipline  as  formerly. 

'  7.  That  whoever  shall  take  the  oaths,  is  from  that 
4  time  a  free  Denizen,  and  shall  enjoy  all  the  privi- 

*  ledges    of  trading    into  any  of  his    majesty's    domi- 
'  nions,  as  freely  as  any  Englishman,  and  may  require 
'  a  certificate  for  so  doing. 

'  8.  That  the  schout,  the  burgo-master,  sheriff, 
'  and  other  inferior  magistrates,  shall  use  and  exercise 
'  their  customary  power,  in  administration  of  justice, 
'  within  their  precincts  for  six  months,  or  until  his 
'  majesty's  pleasure  is  further  known. 
Da'ted  October  1st  1664. 

New-Amsterdam,  Orange  Fort,  and  the  inhabitants 
up  Delaware,  being  reduced,  the  whole  country  was 
in  a  manner  in  possession  of  the  English  ;  and  things 
being  in  a  quiet  posture  about  New-York,  Nicolls 
was  commissioned  the  24th  of  October,  1664,  by 
Cartwright  and  Mevericke,  to  repair  to  Delaware  bay, 
for  government  of  the  place,  by  deputing  such  officers 
civil  and  military,  and  taking  such  other  measures  as 
he  should  think  proper,  until  the  kings  pleasure  was 
1668.  further  known.*-  Thus  things  rested  till  1668  ;  when 
Nicolls  and  his  council  at  New-  York,  gave  the  follow- 

ing 

I.  In  the  hegining  of  the  year  1665,  there  was  a  comet  visible 
to  the  people  on  this  continent:  It  had  appeared  in  the  November 
before,  and  continued  four  months:  It  rose  constantly  about  one 
o'clock  in  the  morning,  in  the  south-east,  It  was  seen  likewise  in 
England,  and  in  mo<t  other  parts  of  the  worJd,  at  the  same  time. 


OF    NEW-JERSEY.  51 

ing  directions   for  a  better  settlement  of  the  govern-        A.  D. 

nient  on  Delaware.  .    16.68. 

Directions 

'  That  it  is  necessary  to  hold  up  the  name  and  conn-  for  the  go- 
'  tenance  of  a  garrison  in  Delaware,  with  twenty  men  ve"inient 

*  and  OIK;  commission  officer. 

WdlC. 

1  That  the  commission  officers  shall  undertake  to 
'provide  all  sorts  of  provision  for  the  whole  garrison, 
1  at  the  rate  of  5d.  per  day,  viz.  wholesome  bread, 
'  beer,  pork,  pease  or  beef,  that  no  just  complaint  be 
'made  of  either:  That  the  soldiers,  (so  far  as  conve- 
'nicntly  they  may,)  be  lodged  in  the  fort,  and  keep  the 
'  Stockadoes  up  in  defence:  that  the  civil  government 
'  in  the  respective  plantations  be  continued  till  further 
'  orders. 

'  That  to  prevent  all  abuses  or  oppositions  in  civil 
'  magistrates,  so  often  as  complaint  is  made,  the  com- 
1  mission  officer  capt.  Carre,  shall  call  the  scout,  with 
'ilans  Block,  Israel  Holme,  Peter  Ram  bo.  Peter 
4  Cock,  Peter  Aldrick,  or  any  two  of  them,  as  coun- 
'cellors  to  advise,  hear,  and  determine  bv  the  major 
'  vote,  what  is  just,  equitable  and  necessary  in  the  case 

*  and  cases  in  question. 

'  That  the  same  persons  also,  or  any  two  or  more  of 

*  them,  be  called  to  advise  and  direct  what  is  best  to  be 
'done  in  all  cases  of  difficulty,  which  may  arise  from 
'  the  Indians,  and  to  give  their  councel  and  orders  for 
'  the  arming  of  the  several   plantations  and   planters, 
1  who  must  obey  and  attend  their  summons  upon  such 
'  occasion. 

'  That  two  thirds  at  least  of  the  soldiers  remain 
<  constantly  in  and  about  New-Castle  at  all  hours. 

'  That  the  fines  or  preminures  and  light  offences, 
'  be  executed  with  moderation,  though  it  is  also  ueces- 
'  sary  that  ill  men  be  punished  in  an  exemplary  manner. 

*  That  the  commission  officer  capt.  Carre,  in  the  de- 
termination of  the  chief  civil  affairs,  whcreunto  the 
1  temporary  lief'orementioned  councellors  are  ordained 
'  shall  have  a  casting  voice  where  votes  are  equal. 

k  That  the  new  appointed  councellors  are  to  take  the 
'oath  to  his  royal  highness.  'That 


52  THE    HISTORY 

A.  D.  '  That  the  laws  of  the  government,  established  by 

l68*  '  his  royal  highness,  be  shewed  and  frequently  commu- 
'  nicated  to  the  said  councellors  and  all  others,  to  the  end 
6  that  being  therewith  acquainted,  the  practice  of  them 
*  may  also  in  convenient  time  be  established ;  which 
6  conduceth  to  the  publick  well  fare  and  common  justice. 

'  That  no  offensive  war  be  made  against  any  Indians, 
'  before  you  receive  directions  from  the  governor  for 
'  your  so  doing. 

'  That  in  all  matters  of  difficulty  and  importance, 
'  you  must  have  recourse  by  way  of  appeal,  to  the 
'  governor  and  council  at  -New- York/ 

These  instructions  bore  date  the  21st  of  April  1668; 
within  two  months  afterwards,  the  government  at  New- 
York  received  advice,  that  some  of  the  tribe  of  the 
Murders  Mantas  Indians,  nigh  Delaware,  had  murdered  the 
servants  of  one  Tomm.  Peter  Aldricks  and  Peter 
Rambo,  arriving  soon  after,  confirmed  that  news,  and 
further  informed  the  government,,  that  the  Indians  in 
those  parts  desir'd,  there  should  be  an  absolute  prohibi- 
tion upon  the  whole  river,  of  selling  strong  liquor  ta 
the  Indians  generally ;  by  which  it  seems  the  late  murders 
had  probably  been  the  consequence  of  a  drunken  frolick  ; 
this  is  the  more  likely,  as  the  whole  body  of  the  Indians 
in  the  first  settled  part  of  the  lands  on  Delaware,  after- 
wards through  a  long  course  of  experience,  manifested 
an  open  hospitable  disposition  to  the  English,  and  were 
in  the  general,  far  from  any  designs  to  their  prejudice. 
The  governor  and  colonel  Lovelace  wrote  to  Carre, 
authorizing  him  to  convene  those  joined  with  him  in 
commission  for  the  management  of  civil  affairs,  and 
with  their  advice  to  make  all  necessary  rules  and  give 
orders  for  the  government  of  both  Christians  and1 
Indians  ;  and  because  those  murders,  and  the  restraining 
the  Indians  from  strong  liquors,  might  be  attended 
with  difficulties,  Carre  was  ordered,  after  consulting 

the 


OF    NEW-JERSEY.  53 

the  Indians  on  the  best  method  of  proceeding,  to 
send  the  state  of  the  matter  to  the  council  at  New- 
York. 

Another   disturbance   that   soon    followed,  took  up 
their  attention  for  a  while,  and  seem'd  likely  to  prove 
an  affair  of  some  consequence  against  the  new-establish'd 
government,    but    was    prevented     by    the     vigilance 
of  the  persons  in  administration.     A  Swede  at  Delaware, 
who  gave  out  that  he  was  the  son  of  Coningsmarke, 
the   Sweedish    general,  went  up   and    down  from   one 
place  to  another,  spreading  rumours  to  the  disturbance 
of  civil  peace  and  the  laws,  intending  thereby  to  make 
a  partv  strong  enough  to  raise  an   insurrection,  and    if 
po->ible,    throw  off    the    English    allegiance;    to    him 
was  associated  Henry  Coleman,  one  of  the  Finns,  and 
an  inhabitant  at  Delaware :     The  last  left  a  good  habi- 
tation, cattle    and    corn,  and   was  well   versed  in  the 
Indian  language;  as  they  both  kept  very  much  among 
the  Indians  their  designs  were  the  more  suspected.    The 
government  however,  ordered  a  proclamation,  that  if 
Coleman    did    not   surrender  himself,  to  answer  what 
should   be   objected   against   him   in    fifteen  days,  his 
estate  should  be  secured  to  the  king's  use ;  whether  he 
came    in    appears   not,  but  the  other  being  a  vagrant, 
more  effectual   measures  were  used,  so  that  he  was  soon 
in  custody ;  all  the  rest  who  had  a  hand  in  the  plot, 
were  by  the  government  at  York,  bound  to  give  secu- 
rity to  answer  for  their  conduct,  and  an  account  of  their 
estates  ordered  to  be  taken  :     The  governor  in  the  mean 
time  tells  Carre  in  his  letter  upon  this  occasion,  (  That 
'as   for  the  poor  deluded  sort,  I  think  the  advice  of 
'  their    own    eountrvmen    is    not   to  be  despised,  who 
'  knowing  their  temper  well,  prescribed  a  method   for 
*  keeping  them   in  order,  which  is  severity,  and  laying 
<su"h   tax«s  on    them  as  may  not  give  them  liberty  to 
'  entc'rtain   any   other    thoughts    but    how  to  discharge 

'  them. — 


THE    HISTORY 


A.  D. 

1668. 


Conninga- 
marke. 


An  Indian 
rape. 


'  them. — I  perceive  the  little  Domine  hath  played  the 
'trumpter  to  this  disorder;  I  refer  the  quality  of  his 
<  punishment  to  your  direction/ 
At  a  council  held  at  New- York,  October    18,  1669. 

PRESENT:   The  Governor,     Thomas  Delaval, 

Ralph  Whitfield,  Thomas  Willet,  secry. 

This  affair  being  taken  into  consideration,  it  was 
adjudged  that  Conningsmarke,  commonly  called  the 
long  Finne,  deserv'd  to  die,  yet  in  regard  that 
many  concerned  with  him  in  the  insurrection,  might 
also  be  iuvolvM  in  the  premunire,  if  the  rigour  of  the 
law  should  be  extended,  and  amongst  them  diverse  sim- 
ple and  ignorant  people,  it  was  thought  fit  to  order 
that  the  long  Finne  should  be  severely  whipt,  and  stig- 
matized with  the  letter  R,  with  inscription  in  great 
letters  on  his  breast,,  that  he  received  that  punishment 
for  rebellion,  and  after  to  be  secured  till  sent  to  '  Bar- 
'  badoes  or  some  other  remote  plantation  to  be  sold  : '  It 
was  further  ordered,  that  the  chief  of  his  accomplices 
should  forfeit  to  the  king,  one  half  of  their  goods  and 
chattels,  and  a  smaller  mulct  laid  on  the  rest  to  be  left 
at  discretion  of  commissioners,  appointed  to  examine 
the  matter. 

In  pursuance  of  this  sentence,  the  long  Finne  was 
brought  fettered  from  Delaware,  and  put  prisoner  in 
the  state-house  at  York,  the  20th  December,  and  there 
continued  a  year,  when  a  warrant  was  signed,  and  he, 
in  pursuance  of  it,  transported  for  sale  to  Barbadoes. 

At  this  council  also  came  under  consideration,  the 
case  of  an  Indian,  who  had  committed  a  rape  on  a 
Christian  woman  ;  the  council  ordered  that  he  should  be 
put  to  death  if  he  could  be  found,  and  that  application 
be  made  to  the  Sachems  of  his  tribe,  to  deliver  him 
up,  that  justice  might  be  executed  upon  him.  He  had 
been  once  taken  and  condemned  to  death  by  the  com- 
missioners at  Delaware,  but  broke  gaol. 

One 


OF    NEW-JERSEY.  55 

One  Douglass  at  the  Hoarkill,  after  this,  gave  the  A.  D. 
new  settlers  a  considerable  disturbance  by  seditious 
practices,  but  he  was  taken,  sent  to  gaol,  and  afterwards 
from  thence  to  York,  where  he  had  his  trial,  and  was 
sent  to  the  eastward,  with  a  caution  not  to  return  into 
the  government  any  more. 

In  the  month  call  February  1669,  Francis  Love-  Governor 
lace™-  being  then  governor,  a  commission  and  letters  Loveiace. 
of  instruction  were  sent  to  the  Hoarkill,  authorizing 
Herman  us  Fredericksen,  to  be  schout,  Slander  Matson, 
Otto  Walgast,  and  William  Cleason  to  be  commissaries, 
who  were  to  keep  good  orders  there,  and  to  try  all 
matters  of  difference  under  101.  amongst  themselves; 
this  seems  to  be  intended  to  save  them  the  trouble  of 
going  to  Xew-Castle  upon  every  trifling  occasion;  but 
for  all  matters  above  10  1.  they  were  to  apply  themselves 
to  New  York,  and  so  for  all  criminals. 

Governor  Lovelace  gave  also  an  order  to  captain 
Martin  Prieger,  to  receive  the  customs  for  all  Euro- 
pean <roo<ls  imported  at  thef  Hoarkill,  and  on  the  furrs 
and  peltry  exported  from  thence, — viz.  101.  per  cent. 

'  Whereas  I  am  given  to  understand,  that  all  Euro-  Customs 
'  pean  goods  imported  at  the  Hoarkill  in  Delaware  bay,  at  the  ^ 
'  did  heretofore  pay  custom  at  the  rate  of  10  1.  per  cent. 
'and  all  furrs  and  peltry  exported  from  thence  at  the 
'  same  rate,  which  turned  to  some  advantage  towards 
'the  support  of  the  government,  upon  mature  advice 
'  and  consideration  had  thereof,  I  have  thought  fit 
'  to  renew  the  former  custom,  and  do  therefore  hereby 
'order  and  appoint  captain  Martin  Preiger,  who  is  a 
'  person  well  versed  in  the  trade  of  those  parts,  and  very 
'well  known  there  both  to  the  christians  and  Indians, 
'to  be- receiver  and  collector  of  the  customs  at  the 

Hoarkill 

tn.  !!••  sucr,-.,-ded  Xicolls  in  the  government  of  New  York,  in 
M<nf  l»i;>7,  ami  continued  governor  lill  the  colony  was  given  up  to 
the  Puich  in  the  summer,  1117:5.  Xirolls  li:nl  remained  governor 
•Ukoe  the  Dutch  surrender  till  then,  about  two  years  and  a  Irtlf. 


56  THE    HISTORY 

A.  D.  <  Hoarkill,  where  by  himself  or  his  deputy  he  is  to 
l64*  'receive  10  per  cent,  of  all  European  goods  imported 
( there,  whether  coining  from  this  place,  New-Castle 
'  in  Delaware,  or  any  other  part ;  and  ten  per  cent. 
'  also  for  all  furrs  or  peltry  exported  from  thence, 
'according  to  former  custom  and  usage  on  that  behalf; 
'  and  all  persons  whatsoever  trading  thither,  or  from 
'  thence  to  any  other  place,  are  to  take  notice  thereof, 
'  and  to  obey  this  my  commission,  under  the  penalty 
'  of  confiscation  of  their  goods  if  they  shall  presume 
'  to  do  otherwise,  the  said  capt.  Prieger  standing  obliged 
'  to  be  answerable  here,  for  all  such  customs  as  shall  be 
'received  by  himself  or  deputy  there,  of  which  he  is 
'  to  render  unto  me  a  due  and  exact  account/ 

Remarks.  It  was  very  early  to  impose  such  an  extraordinary  clog 

upon  trade  as  10  per  cent,  and  no  doubt  hard 
upon  the  young  settlers  to  pay  it,  and  the  reason  given 
for  doing  it  (namely  that  it  had  been  done  before)  seems 
not  so  well  calculated  to  render  the  payment  easy  as 
might  have  been  contrived ;  probably  the  chief  cause 
was  that  hinted  at  in  the  governor's  letter  to  Carre,  '  to 
'keep  them  under  by  taxes. that  they  might  not  have 
'  liberty  to  entertain  any  other  thoughts  but  how  to 
'  discharge  them.7  The  daily  exigencies  of  the  govern- 
ment in  those  precarious  times  afforded  a  better  present 
plea,  tho'  of  no  force  for  continuing  it  afterwards ;  but 
after  all,  the  government  then  more  military  than  civil, 
probably  but  little  thought  of  a  necessity  to  bestow  colour- 
ing upon  their  proceedings,  however  extraordinary,  to 
a  people  whom  they  could  at  any  time  compel  to  their 
measures ;  hard  where  that  is  the  case  of  necessity,  but 
more  hard  and  arbitrary,  when  continued  without  that 
necessity.  These  precedents  introduced  a  similarity  of  tax- 
ation, which  in  time  proved  intolerable  grievances. 
But  be  their  reasons  to  themselves. — As  the  Hoarkills  to 
the  Swedes  appeared  a  place  of  rather  more  conse- 
quence than  it's  thought  since,  their  account  may  be 
worth  observation.  '  Two 


OF    NEW- JERSEY.  57 

'  Two   leagues   (says   the    manuscript    in    the   Bri-        A.  D. 
<  tish    museum,)   from    cape    Cornelius    on    the    west    „     ? 
'  side  of  the  river  near  its  mouth,  there  is  a  certain  descrip- 
'  creek  called   the   Hoeren  Kill,  which  may  well  pass  tion  of  the 
'for  a  middling  or  small  river,  for  it  is  navigable  a  Hoar  kill. 
"  jn'ivat  way  upward,  and  its  road  is  a  fine  road  for  ships 
'  of  all  burthens,  there  being  none  like  it  for  safety  and 
4  convenience   in    all   the   bay,   the   right   channel   for 
4  sailing  up  the  bay  passing  near  it. 

'  A  certain  person  who  for  several  years  together  had 
'been  a  soldier  in  the  fort,  informed  us  about  the 
'month  of  June,  1662,  being  then  but  lately  come 
'  from  thence,  concerning  the  Hoern  kill  or  Harlot's 
'  creek ;  that  along  the  sea  shore  it  was  not  above  two 

*  leagues  from   the  cape,  and  that  near  the  fort  which 
'  is  at  the  mouth  of  it,  it  is  about  200  paces  broad  and 

*  navigable   and    very   deep    to    about    half    a   league 
'upwards,  the  pilots  say  generally  about   six  feet  of 
'  water  in  going  in,  but  the  canoes  can  go  about  two 

*  Leagues  higher :  There  are  two  small  islands  in  it,  the 
'  first  very  small  the  last  about  half  a  league  in  circum- 

*  feivnce,    both    overgrown    with    fine  grass,  especially 

*  the  latter,  and  are  at  about  half  a  league  distance  asun- 
'  der,  and  the  latter  about  a  league  from  the  channel's 
'  mouth  :  The  two  islands  are  surrounded  with  a  muddy 
'  ground,  in  which  there  grows  the  best  sort  of  oysters, 

'  which  said  ground  begins  near  the  first  island,  for  the_ 
'  mouth  of  the  channel  has  a  sandy  bottom,  being  also 
'very  deep,  and  therefore  there  are  no  oysters  there: 
(  Near  the  smaller  island  and  higher  up  it  is  as  broad 
'  a^ain  as  at  the  mouth,  near  the  said  fort  the  channel 
'  for  a  good  way  runs  at  an  equal  distance  from  the  sea, 
'  ha  vino  the  breadth  of  about  two  hundred  paces  of 
'  high  downy  land  lying  between  them,  near  the  fort 
'  there  is  a  glorious  spring  of  fresh  water,  a  small  rill 
'rising  in  the  south  east  part  of  the  country,  and 
Mailing  from  a  rising  hill,  runs  through  this  downy 
'land  into  the  mouth  of  the  Hoern  kill,  or  Harlot's 

'  creek, 


58  THE    HISTORY 

A.  D.        <  creek,   is   for   its   goodness   and    fertility   famed    for 
1669.        t  £iie  verv  best  of  New-Netherlands- 

'  The  name  of  Hoernkill  or  Harlot's  creek,  had 
( as  we  are  informed,  its  rise  from  the  liberality  of  the 
'  Indians,  for  lavishly  prostituting,  especially  at  that 
'  place,  their  maidens  and  daughters  to  our  Nether- 
'  landers :  Otherwise  it  is  by  David  Pietersz  de  Uries, 
'who  about  the  year  1630  first  endeavoured  to  settle 
'  there,  called  Swanendal.' 

The  above  description  however,  in  the  general  true 
at  the  time  it  was  wrote,  leaves  room  for  a  doubt, 
at  least  as  to  the  origin  of  the  name.0-  The  probability 
lies  that  it  arose  from  the  creeks  winding  much  in  the 
shape  of  a  horn ;  whence  the  Dutch  (and  not  the 
Swedes)  first  took  occasion  to  call  it  the  Hoernkill ;  this 
is  the  tradition  of  the  inhabitants  there.  Soon  after 
English  possession,  it  got  the  name  of  Lewis-Town, 
by  which  it  is  mostly  called :  It  is  situate  at  the  mouth 

.  Alteration     of  Delaware  bav,P-  and  is  the  general  resort  for  pilots, 

in  a  creek  .  . 

and  chan-       waiting  to  convoy  vessels  up  the   river :    Where   the 

nel*  creek  is  described  deep  and  sandy,  is  now  a  mowing 

marsh:  The  channel  also  by  the  Hoarkill,  then  used 
for  vessels  to  pass,  is  diminished  to  about  a  hundred 
yards  breadth  at  the  mouth  :  The  two  islands,  one  very 
small,  and  the  other  but  half  a  league  in  circumference, 

are 

n.  The  whole  country  from  New- York  to  Pennsylvania,  being 
then  so  called  ;  'tis  observable,  that  this  author  through  the  whole, 
gives  the  South  river  greatly  the  preference. 

o.  C.  Golden  in  his  history  of  the  five  nations  pa.  11.  relates  a 
custom  of  the  same  kind  among  them,  but  there  does  not  appear 
sufficient  foundation  to  suppose  the.se  Indians  originally  justly  charge- 
able with  such  a  practice,  at  least  of  the  tribes  generally;  and  the 
relation  of  the  Swedes  is  not  in  every  instance  to  be  depended  on: 
bad  as  the  Indians  now  appear,  and  have  many  of  them  prov'd,  they 
were  formerly  better ;  in  a  case  doubtful  'tis  perhaps  best  to  err  on  the 
charitable  side. 

p.  The  Delaware  probably  got  it's  name  from  '  the  lord  Delaware, 
'who  sailed  in  a  ship  of  250  tons,  in  April  1618,  with  200  people 
'for  Virginia,  but  died  at  sea.  Prince's  N.  E.  Chronology,  p.  54. 


OF    NEW-JERSEY.  59 

are  now  the  first  supposed  to  be  ten,  and  the  last  thirty        A.  D. 
times  as  large  as  there  described ;  and  this  alteration 
in  about  a  hundred  years. 


CHAP.     IV. 

King  Charles  the  second,  and  duke  of  York's  grants, 
whence  lord  Berkely  and  sir  George  Carteret,  became 
seised  of  New- Jersey :  The  first  constitution  of  govern- 
ment under  them :  The  settlement  of  Bergen,  Middle- 
town,  Shrewsbury i  and  Elizabeth- Town.  Philip 
Carteret  appointed  governor  of  Jersey:  The  Indian 
purchase  of  Elizabeth- Town,  by  the  settlers ;  and  the 
first  general  Indian  purchase  by  the  proprietor,  &G. 

TH  E  right  of  the  crown  of  England  to  these 
provinces  indisputably  founded,  as  before 
deduced,  King  Charles  the  second,  did  by  letters  K.  Char- 
patent,  bearing  date  the  twentieth  day  of  March, 
1GG4,  for  the  consideration  therein  mentioned,  grant 
unto  James,  duke  of  York,  his  heirs  arid  assigns, 
'all  that  part  of  the  main  land  of  New-England, 
'  beginning  at  a  certain  place,  called  or  known  by  the 
'  name  of  St.  Croix,  near  adjoining  to  New-Scotland,, 
'  in  America ;  and  from  thence  extending  along  the 
'  sea  roust,  unto  a  certain  place  called  Pemaquie  or 
'  Pemaquid,  and  so  up  the  river  thereof,  to  the  furthest 
'  head  of  the  same,  as  it  tendeth  northward  ;  and  ex- 
1  tending  from  thence  to  the  river  of  Kimbequin,  and 
'so  upwards  l>v  the  shortest  course,  to  the  river  Canada 
'northwards;  and  also  all  that  island  or  islands,  com- 
'  nionly  called  by  the  several  name  or  names  of  Mato- 
1  \\acks  or  Long-Island,  situate  and  being  towards 
'the  west  of  Capo-Cod,  and  the  narrow  Higansetts,  a 
'butting  upon  the;  land  between  the  two  rivers,  there 
'  called  or  known  by  the  several  names  of  Connecticut 
'and  Hudson's  river;  together  also  with  the  said  river 

4  called 


THE    HISTORY 


A.  D. 
1609. 


Duke  of 
York's 
lease  and 
release. 


'  called  Hudson's  river;  and  all  the  land  from  the  west 
f  side  of  Connecticut  river,  to  the  east  side  of  Delaware 
'  bay ;  and  also  several  other  islands  and  lands  in  the 

*  said     letters    patent    mentioned ;    together    with    the 
'  rivers,    harbours,    mines,    minerals,    quarries,    woods, 
4  marshes,    waters,    lakes,    fishings,    hawking,    hunting 
'and  fowling,  and  all  other  royalties,  profits,  coramo- 
1  dities  and  hereditaments  to  the  said  several  islands, 
'  lands  and  premises,  belonging  or  appertaining/ 

The  duke  of  York  being  thus  seized,  did  by  his 
deeds  of  lease  and  release,  bearing  date  the  23d,  and 
24tii  days  of  June,  1664,  in  consideration  of  a  <com- 
f  petent  sum  of  money/  grant  and  convey  unto  John 
lord  Berkely,  baron  of  Stratton,  one  of  the  kings 
privy  council ;  and  sir  George  Carteret,  of  Saltrum, 
in  the  county  of  Devon,  knight,  and  one  of  the  privy 
council,  9  and  their  heirs  and  assigns  forever ;  all  that 
'  tract  of  land  adjacent  to  New-England,  and  lying 
( and  being  to  the  westward  of  Long-Island  and 
(  Manhattas  island ;  and  bounded  oh  the  east  part  by 
'  the  main  sea,  and  part  by  Hudson's  river ;  and  hath 
(  upon  the  west,  Delaware  bay  or  river ;  and  extendeth 
4  south  ward  to  the  main  ocean  as  far  as  Cape-May, 
'  at  the  mouth  of  Delaware  bay ;  and  to  the  north- 
'  ward  as  far  as  the  northernmost  branch  of  the  said  bay 
'or  river  of  Delaware;  which  is  in  41  degrees  and 
(  40  minutes  of  latitude,  and  crosseth  over  thence  in  a 
'  straight  line  to  Hudson's  river,  in  41  degrees  of 
'  latitude;  which  said  tract  of  land  is  hereafter  to  be  called 
'  Nova-Cesaria  or  Ne w- Jersey ;  and  also  all  rivers, 
4  mines,  minerals,  woods,  fishings,  hawkings,  huntings, 
'and  fowlings,  and  all  other  royalties,  profits,  com- 

*  modities,  and  hereditaments  whatsoever   to   the   said 

'  lands 


q.  Sir  George  Carteret  was  gevernor  of  Jersey,  and  held  it  for 
K.  Charles  ii  in  the  troubles  of  1649, — expelled  the  house  of  com- 
mons, in  1669  for  confused  accounts,  as  chamberlain.  Smollet. 

Treasurer  of  the  navy,  and  vice  chamberlain  of  the  king's  house- 
hold. Clarendon. 


O  F    N  E  W  -  J  E  R  S  E  Y .  61 

'  lands  and  premises,  belonging  or  in  any  wise  appear-        A.  D. 
'  tain  ing,  with   their  and  every  of  their  appurtenances 
'in  as  full   and   ample  manner  as   the  same  is  granted 
'  unto  the  said  duke  of  York,   by  the   before   recited 
'  letters  patents. 

The    Lord    Berkeley,   and    sir   George   Carteret,  in    Berkley 
consequence    of  this  conveyance,  now  sole  proprietors  " 

of    \r\v-J.Tsev,    for    the    better    settlement     thereof,  coustitu 

T  ...  tions. 

agreed     upon    certain    constitutions    or    government; 

which  were  so  well  relished,  that  the  eastern  parts  of 
the  province  were  soon  considerably  peopled.''- 

This  was  the  first  constitution  of  New- Jersey,  and  it 
continued  entire,  till  the  province  became  divided  in 
1676.  Sir  George  Carteret,  then  the  only  proprietor 
of  the  eastern  division,  eonfirrn'd  and  explained  the 
concessions,  with  a  few  additions.  The  county  of  Bergen  Bergen, 
was  the  first  settled  place,  a  great  many  dutch  being 
already  there,  when  the  province  was  surrendered,  re- 
mained under  the  English  government.  A  few  Danes 
were  probably  concerned  in  the  original  settlement  of 
this  county,  whence  came  Bergen,  after  the  capital  of 
Norway.  The  manner  of  originally  settling  is  singular, 
but  small  lots  where  their  <\  well  ing  houses  are,  and 
these  contiguous  in  the  town  of  Bergen  :  Their  plan- 
tations \\hich  they  occupy  for  a  livelihood,  are  at 
some  distance  ;  the  reason  of  fixing  thus,  is  said  to  be 
through  fear  of  the  numerous  Indians  in  the  early 
times  of  their  settlement,  about  forty  or  fifty  years 
before  the  surrender*  «•  It 

r.  Vide.     Appendix,  numb.  i. 

s.  The  date  of  the  Dutch  settlement,  will  he  nearlv  ascertained 

by    the    following    extrict. — 'As   SOUK-    unknown    country   further 

•O'lth ward,  about   Hudson's  river  w  is  in  their  view  (meaning  the- 

Plymouth  colony)  when  they  en«r:i«red   in  this  adventurous  voyage, 

'  Mr.    Morton  who  published  hifl  m  -moria!  in  1620  tells  us,  he  had 

'then  lately  «nr- intelligence  thai   the   Du'ch  intending  to  settle  a. 

'colony  there  of  their  own.  privately  hiivd  (he  master  of  tlu>«hip  to 

'contrive  delays  in  Kngiand,  then  to  steer  them  to  these  northern 

'  coast* 


-62 


THE    HISTORY 


A.  D. 

1669. 

Indian 
purchase 
of  fc]liza- 
beth  Town 


and 

NicolP* 
patent. 


Freehold. 


Elizabeth, 
Newark, 
Middle- 
town  and 
Shrews- 
bury. 


It  was  in  1664,  that  John  Bailey,  Daniel  Denton,  and 
Luke  Watson,  of  Jamaica,  on  Long-Island,  purchased 
of  certain  Indian  chiefs,  inhabitants  of  Staten-Island ; 
a  tract  or  tracts  of  land,  on  part  of  which  the 
Town  of  Elizabeth  now  stances ;  and  for  which  (on 
their  petition)  governor  Richard  Nicolls  granted  a 
deed  or  patent  to  John  Baker  of  New- York,  John 
Ogden,.  of  Northampton,  John  Bailey,  and  Luke 
Wateon,  and  their  associates ;  dated  at  fort  James, 
in  New- York,  the  second  of  December.*-  This 
was  before  lord  Berkely's  and  sir  George  Carteret's 
title  was  known;  and  by  this  means,  this  part  of 
the  province  had  some  few  very  early  settlements, 
whether  Middletown  and  Shrewsbury  had  not  Dutch 
and  English  inhabitants  before,  we  are  not  authorized 
to  say  :  About  this  time  however,  was  a  great  resort  of 
industrious  reputable  farmers ;  the  English  inhabitants 
from  the  west  end  of  Long-Island,  almost  generally 
removed  to  settle  hither;  and  most  of  them  fixed 
about  Middletown,  from  whence  by  degrees,  they 
extended  their  settlements  to  Freehold  and  thereabouts. 
To  Shrewsbury  there  came  many  families  from  New- 
England :  There  were  very  soon  four  towns  in  the 
province,  viz.  Elizabeth,  Newark,  Middletown,  and 
Shrewsbury.;  and  these  with  the  country  round,  were 
in  a  few  years  plentifully  inhabited,  by  the  accession 
of  the  Scotch,  of  whom  there  came  a  great  many, 
such  settlers  as  came  from  England,  those  of  the  Dutch 
that  remained,  and  those  from  the  neighbouring 
colonies.  Lord 

'  coasts,  and  there  under  pleas  of  shoals  and  winter  to  discourage 
'  them. from  venturing  farther. — Agreeable  to  this,  while  the  rCnglish 
'  Leydeners  (i.  e.  the  said  Plymouth  company)  were  preparing  for 
'their  voyage,  as  capt.  Dormer  returned  from  Virginia  to  New- 
'  England,  he  met  certain  Hollanders,  sailing  for  .Hudson's  river, 
'wliure  they  had  had  a  trade  for  several  years.  Prince's  N.  E. 
'  Chronol.  p[  S3,  84." 

t.  This  is  what  is  commonly  called  the  Elizabeth-Town  grant. 


OF    NEW-JERSEY.  63 

Lord  Berkely  and  sir  George  Carteret  having  agreed        A.  D. 
upon    their    concessions,    appointed     Philip     Carteret    p 


governor   of  New-Jersey,  and   gave  him  power   with  ret  gover- 
the  advice  of  the  major  part  of  the  council,  to  grant 
lands  to  all   such   as  by  the  concessions  were  entitled 
thereto,  and  tho'  there  is  no  provision  in  the  concessions 
for  bargaining  with  the  Indians,**-   Governor  Carteret 
on    his   arrival   thought   it  prudent  to  purchase  their    pm^y^ 
rights:   This  was  to  be  done  for  sums  inconsiderable,  oftheln- 
in    comparison    with    the    damage    a    neglect    might 
have  occasioned.^     For  though  the  Indians  about  the 
English  settlements,  were  not  at  this  time  considerable 
as  to  numbers,  they  were  strong  in  their  alliances,  and 
besides    of    themseK-es    could    easily   annoy   the    out 
plantations  ;     and    there    having   been   before   several 

considerable 

u.  This  in  1672  was  supplied  by  particular  instructions  directing 
•that  the  governor  and  council  should  purchase  all  lands  from  the 
Indians  and  be  reimbursed  by  the  settlers,  as  they  made  their  pur- 

chases. 

x.  Richard  Hartshorne,  a  considerable  setler  at  Middletown,  who 
came  over  in  this  year  had  like  to  haveexperiencedsomedisadvantage 
from  i  his  neglect  in  the  patentees  of  that  town,  '  The  Indians  says  he 
'came  lo  my  house,  and  laid  their  hands  on  the  post  and  frame  of 
'  the  house  and  said  that  house  was  theirs,  they  never  had  any  thing 
'  for  it.  and  told  me  if  I  would  not  buy  the  land,  I  must  be  gone. 
1  But  I  minded  it  not,  thinking  it  was  Davis's  land,  and  they 
'  wanted  to  get  something  of  me  ;  they  at  last  told  me  they  would  kill 
'  my  cattle  and  burn  my  hay.  if  I  would  not  buy  the  land  nor  begone; 
'th«  11  I  w^nt  to  the  Patentees,  which  were  James  Grover,  Richard 
'Stout,  .John  Bound,  and  Richard  Gibbons;  they  told  me  it  was 
'  never  bought,  nor  had  ihe  Indians  any  thing  for  it.  Nicol  Is  desired 
'of  them  :unl  the  Indians  also,  only  to  have  leave  to  set  a  trading 
'house,  and  at  that  time  they  did  not  intend  any  one  should  have  the 
'land,  but  keep  it  for  the  use  of  the  country,  always  giving  leave 
4  tor  ;iny  man  lo  trade  with  goods  and  not  otherwise;"  but  I  told  them 
'  1  would  no;  live  on  those  terms,  and  not  only  so,  but  it  was  dan- 

gerotin,  for  the  Indians  threatned  to  kill  my  cattle;  they  told  me  no 
|  man  had  power  to  buy,  but  the  p  itentees/and  they  would  buy  it; 
'tliiw  it  continued  some  months.  I  considered  the  "thing  as  well  as 

I  then  was  capable,  and  went  to  Gravesend  and  bought  William 
'Goulder  out,  and  when  I  came  back  the  Indians  were  at  me  and  I 
'did.  James  (trover.  Richard  Siout,  Samuel  Spieer  were  at  Wake- 
"eake,  wlu-n  I  bought  Wake-cake  and  paid  for  it,  I  being  then  a 
'Patentee  as  well  as  the  n-M.1 


64 


THE    HISTORY 


A.  D. 

1669. 


1669. 


Tradition 
of  the 
Dutch  at- 
tacking 
the  Indi- 
ans. 


considerable  skirmishes  between  the  Dutch  and  them, 
in  which  some  blood  had  been  spilt,  their  friend- 
ship on  this  consideration  it  was  thought  stood  but 
ticklish :  Upon  the  whole,  the  governor  so  ordered  it, 
that  the  comers  were  either  to  purchase  of  the  Indians 
themselves,  or  if  the  lands  were  before  purchased,  they 
were  to  pay  their  proportions :  The  event  answered  his 
expectation,  for  as  the  Indians  parted  with  the  lands 
to  their  own  satisfaction,  they  became  of  a  jealous, 
shy  people,  serviceable  good  neighbours,  and  though 
frequent  reports  of  their  coming  to  kill  the  white  peo- 
ple, sometimes  disturbed  their  repose,  no  instance  occurs 
of  their  hurting  them,*/-  in  those  early  settlements. 

In  the  Dutch  skirmishes  with  the  Indians,  it  is  said 
the  English  from  Long-Island,  together  with  such  as 
were  settled  among  the  Dutch,  used  to  join  the  latter 
in  frequent  excursions  up  the  rivers  to  annoy  or  figure 
among  the  Indians :  There  is  a  tradition,  that  in  one  of 
those  expeditions  up  a  Jersey  river,  one  of  the  company 
of  more  curiosity  or  boldness  than  the  rest,  went  at 
some  distance  in  the  country  to  discover  an  Indian  town, 
which  at  last  he  did,  by  coming  upon  it  before  he  was 
well  aware  of  his  situation;  there  were  many  seated 
quietly  together ;  at  the  instant  he  saw  them,  they  saw 
him,  he  was  surprized,  but  quickly  recollecting  him- 
self, took  a  paper  out  of  his  pocket,  and  with  that 
boldly  went  up,  telling  them  it  was  proposals  from  the 
government  at  York,  and  read  at  random  such  things 
as  came  into  his  head ;  by  this  stratagem  he  got  off 
unmolested,  and  discovering  at  York  what  he  had  seen, 
told  the  government,  if  they  would  send  a  party  against 
them  he  would  be  their  pilot :  A  party  was  accordingly 
sent,  corning  upon  the  Indians  in  the  night,  some  of 
them  found  means  to  get  in  to  windward  of  their  little 

town, 

y.  That  is  the  English  here  spoken  of. 


OF    NEW-JERSEY.  65 

town  and  setting  fire  to  it,  burnt  the  whole  down ;  their  A.  D. 
wigwams  were  built  close  together,  and  made  of  flags, 
boshes,  and  other  light  combustible  matter,  covered 
with  the  bark  of  trees,  so  that  the  fire  burnt  with  vio- 
lence ;  the  Indians  notwithstanding  their  surprise,  took 
to  their  bows  and  arrows,  and  used  them  with  dexterity 
arid  courage,  till  being  overpowered,  several  of  them 
were  destroyed. 

That  we  may  place  traditional  intelligence  of  this 
sort  together,  we  will  here  venture  at  one  more  little 
occurrence  of  that  kind  ;  but  with  this  remark,  that  we 
pretend  to  no  greater  certainty  in  either,  than  what 
arises  from  the  probability  of  facts  supported  by  esta- 
blished credit  of  pers'ons  relating  them,  and  the  known 
hostilities  at  times  subsisting  between  the  Dutch  and 
Indians  in  their  early  settlement. 

While  New- York  was  in  possession  of  the  Dutch, 
about  the  time  of  the  Indian  war  in  New-England,  a 
Dutch   ship   coming    from    Amsterdam,  was   stranded 
on  Sandy  Hook,3«  but  the  passengers   got  on   shore; 
among   them  was  a  young  Dutchman   who  had    been    Case  of  a 
sick  most  of  the  voyage;    he  was  taken   so  bad  after  remarka- 
landing,  that  he  could  not  travel;    and  the  other  pas-  bly  saved 
sengers  being  afraid  of  the  Indians,  would  not  stay  till  Indians.  * 
he  recovered,  but. made  what  haste  they  could  to  New- 
Amsterdam  ;  his  wife  however  would  not  leave  him, 
the  rest  promised  to  send  as  soon  as  they  arrived  :  They 
had  not  been  long  gone,  before  a  company  of  Indians 
coming  down  to  the  water  side,  discovered  them  on  the 
beach,  and  hastening  to  the  spot,  soon  killed  the  man, 
and  cut  and  mangled  the  woman  in  such  a  manner  that 
they  left  her  for  dead.     She  had  strength   enough  to 
crawl  up  to  some  old  logs  not  far  distant,  and  getting 

into 

z.  Other  accounts  say  in  Delaware,  nigh  Christeen,  but  this  is 
likely  to  be  true. 

E 


66  THEHISTOEY 

A.  D.  into  a  hollow  one,  lived  mostly  in  it  for  several  days, 
subsisting  in  part  by  eating  the  excrescences  that  grew 
from  it ;  the  Indians  had  left  some  fire  on  the  shore, 
which  she  kept  together  for  warmth :  having  remained  in 
this  manner  for  some  time,  an  old  Indian  and  a  young  one 
coming  down  to  the  beach  found  her;  they  were  soon 
in  high  words,  which  she  afterwards  understood  was  a 
dispute;  the  former  being  for  keeping  her  alive,  the 
other  for  dispatching  :  After  they  had  debated  the  point 
a  while,  the  first  hastily  took  her  up,  and  tossing  her  upon 
his  shoulder,  carried  her  to  a  place  near  where  Middle- 
town  now  stands,  where  he  dressed  her  wounds  and  soon 
cured  her :  After  some  time  the  Dutch  at  New- Amster- 
dam hearing  of  a  white  woman  among  the  Indians, 
concluded  who  it  must  be,  and  some  of  them  came  to 
her  relief;  the  old  man  her  preserver,  gave  her  the  choice 
either  to  go  or  stay ;  she  chose  the  first :  A  while  after 
marrying  to  one  Stout,  they  lived  together  at  Middletown 
among  other  Dutch  inhabitants ;  the  old  Indian  who 
saved  her  life,  used  frequently  to  visit  her ;  at  one  of 
his  visits  she  observed  him  to  be  more  pensive  than  com- 
mon, and  setting  down  he  gave  three  heavy  sighs ;  after 
the  last  she  thought  herself  at  liberty  to  ask  him  what 
was  the  matter?  He  told  her  he  had  something  to  tell 
her  in  friendship,  tho'  at  the  risk  of  his  own  life,  which 
was,  that  the  Indians  were  that  night  to  kill  all  the 
whites,  and  advised  her  to  go  off  for  New-Amsterdam ; 
she  asked  him  how  she  could  get  off?  he  told  her  he 
had  provided  a  canoe  at  a  place  which  he  named  :  Being 
gone  from  her,  she  sent  for  her  husband  out  of  the 
field,  and  discovered  the  matter  to  him,  who  not 
believing  it,  she  told  him  the  old  man  never  deceived 
her,  and  that  she  with  her  children  would  go ;  accord- 
ingly going  to  the  place  appointed,  they  found  the 
canoe  and  paddled  off.  When  they  were  gone,  the 
husband  began  to  consider  the  thing,  and  sending  for 

five 


OF    NEW- JERSEY.  67 

five  or  six  of  his  neighbours,  they  set  upon  their  guard  :  A.  D. 
About  midnight  they  heard  the  dismal  war-hoop;  pre- 
sently came  up  a  company  of  Indians ;  they  first  expo- 
stulated, and  then  told  them,  if  they  persisted  in  their 
bloody  design,  they  would  sell  their  lives  very  dear: 
Their  arguments  prevailed,  the  Indians  desisted,  and 
entered  into  a  league  of  peace,  which  was  kept  with- 
out violation.  From  this  woman,  thus  remarkably 
saved,  with  her  scars  visible,  through  a  long  life,  is 
descended  a  numerous  posterity  of  the  name  of  Stout, 
now  inhabiting  New-Jersey :  At  that  time  there  were 
supposed  to  be  about  fifty  families  of  white  people, 
and  five  hundred  Indians  inhabiting  those  parts. 

Governor  Carteret  did  not  arrive  to  his  government 
of  New-Jersey,  till  the  latter  end  of  the  summer, 
1665;  till  which  time  the  province  was  under  Nicolls's 
jurisdiction :  On  the  arrival  of  the  former,  he  sum- 
moned a  council,  granted  lands,  and  administered  the 
government  on  the  plan  of  the  general  concessions, 
and  took  up  his  residence  at  Elizabeth-Town,  to 
which  it  is  said  he  gave  the  name,  after  Elizabeth, 
wife  of  sir  George  Carteret:  With  him  came 
about  thirty  people ;  some  of  them  servants :  They 
brought  goods  proper  for  the  planting  a  new  country ; 
and  the  governor  soon  afterwards  sent  persons  into 
New-England,  and  other  places,  to  publish  the  propri- 
etors concessions,  and  to  invite  people  to  settle  there; 
upon  which  many  soon  came  from  thence:  some 
settled  at  Elizabeth-Town,  others  at  Woodbridge, 
Piscattaway  :md  Newark:  The  ship  that  brought  the 
governor,  having  remained  about  six  months,  retur- 
ned to  England,  and  the  year  after  made  another 
voyage.  Sundry  other  vessels  were  from  time  to  time 
sent  by  the  proprietors  with  people  and  goods,  to 
<>nc< mi-age  the  planting  and  peopling  their  lands. 
Thus  the  province  of  East-New-Jersey  increased  in 

settlement 


68  THE    HISTORY 

A.  D.        settlement,  and  continued  to  grow  till  the  Dutch  inva- 
16(39 

sion  in  1673,  when  they  having  got  possession  of  the 

country,  some  stop  was  put  to  the  English  government; 
but  the  treaty  afterwards  between  king  Charles  the 
second,  and  the  States  general  a£  London  1673-4,  put 
all  general  difficulties  of  that  kind  out  of  dispute;  the 
sixth  article  whereof  is  in  these  words,  '  That  whatever 
'  country,  island,  town,  haven,  castle,  or  fortress,  hath 
'  been,  or  shall  be  taken  by  either  party  from  the  other 
'  since  the  beginning  of  the  late  unhappy  war,  whether 
e  in  Europe  or  elsewhere,  and  before  the  expiration  of 
( the  times  above  limited  for  hostility,  shall  be  restored 
'  to  the  former  owner  in  the  same  condition  it  shall  be 
'  in  at  the  time  of  publishing  this  peace/ 

Tho'  the  inhabitants  were  at  variance  among  them- 
selves, there  was  also  pretty  constantly  a  resort  of  settlers 
between  the  years  1665  and  1673,  and  they  increased 
fast  afterwards.  But  the  Elizabeth-Town  purchasers 
and  others,  setting  up  a  right,  differing  in  some  respects 
from  that  of  the  proprietors,  and  other  incidents 
falling  out,  which,  though  some  of  them  inconsiderable, 
and  others  one  would  think  might  then  easily  have 
been  settled,  yet  nourished  by  a  more  vindictive  spirit 
on  all  sides  than  was  immediately  necessary,  they  occa- 
sioned much  disturbance.^  Carteret  going  for  England 
Berry.  in  the  summer,  1672,  left  capt.  John  Berry  his  deputy. 

He  returned  in  1674,  and  found  the  inhabitants  more 
disposed  to  union  among  themselves,  and  bringing 
with  him  the  king's  proclamation,  and  a  fresh  commission 
and  instructions  from  sir  George  Carteret,  he  sum- 
moned the  people,  and  had  them  all  published ;  which  for 
a  while  had  a  good  effect  towards  restoring  proprietary 

authority 

a.  It  is  not  our  business  to  enter  particularly  into  these  disturbances 

they  went  in  several  instances  to  disreputable  lengths. Governor 

Andros  of  York,  in  1680,  undertook  to  dispute  governor  Carteret 
of  Jersey's  commission,  and  sending  to  Elizabeth-Town  an  armed 
force,  seized  and  carried  him  prisoner  to-  New- York. 


OF    NEW-JERSEY.  69 

authority,  and  the  publick  peace :  He  remained  gover-  A.  D. 
nor  till  his  death  in  1682.  In  his  time  the  general 
assemblies  and  supreme  courts  sat  at  Elizabeth-Town, 
and  the  councils  generally  :  Here  the  secretary's  office, 
and  most  other  pubiick  offices  were  held  ;  here  also 
most  of  the  officers  of  the  government  then  resided. 

In  September  1671,  an  extraordinary  council  was  1671. 
held  at  New- York ;  present,  Governor  Lovelace,  the 
mayor  and  secretary  of  New- York,  major  Steenwick, 
governor  Philip  Carteret,  and  captain  James  Carteret 
of  New-Jersey :  The  occasion  was  this,  William  Tomm 
and  Peter  Alricks,  had  just  arrived  from  Delaware,  Particu- 
with  the  particulars  of  the  Indian  murders  mentioned  raurder8 
before,  that  two  Christians  (Dutch  men)  had,  as  there  by  the  In~ 
related,  been  murdered  by  some  Indians  at  the  island 
Matin icunk,k  on  Delaware :  Alricks  being  present 
at  the  council,  informed  them,  the  nation  of  whom 
thc-e  murderers  were,  consisted  of  about  fifty  or  sixty 
persons,  and  that  the  mischiefs  committed  on  Delaware 
this  seven  years,  were  said  to  be  done  by  them  :  That 
the  Indians  their  confederates  (as  it  was  supposed  they 
would  be  if  a  war  should  follow)  were  about  a  thou- 
sand persons,  besides  women  and  children :  That  two 
'of  the  saggamores  of  the  nation  of  the  murderers, 
promised  their  best  assistance,  to  bring  them  in,  or 
procure  them  to  be  knocked  in  the  head,  if  counte- 
nanced 

b.  The  upper  island  situate  partly  between  Burlington  and  Bristol, 
af  e!-\v :i nl-;  taken  up  by  a  proprietary  right,  by  Hubert  Stacy,  and 
by  liiin  given  to  Burlingum;  and  in  1682,  coufirm'd  by  a  proprie- 
tary |:i\v,  for  the  use  of  a  free  school  forever.  It  is  detach'd  from 
the  main  by  a  little  channel  occasional  by  the  waters  of  Essiscunk 
creek.  When  (iookin,  a  former  governor  of  Pennsylvania,  was 
about  obtaining  a  grant  of  the  islands  in  I  >elaware,  it  is  said  the  lords 
of  i  r.  id  •  exc;-pu>d  this  in  their  report  to  t  lick  inland  council,  as  having. 
ilready  occupied;  and  not  on  a  footing  with  the  other  islands; 
it  i<  inconsiderable  as  to  v.ilue  compared  with  many  of  the  others, 
yet  l..nur  p'K-e-sion  and  some  improvements,  have  'rendered  it 
n>eful  to  Burlington. 


70  THE  HISTORY 

A.  D.  nanced  by  the  government;  and  that  many  other 
Indians  he  met  upon  the  road,  much  disallowed  of  the 
murder,  and  were  very  sorry  for  it,  and  offered  their 
assistance  against  them.  Alricks  further  related, 
that  it  was  proposed  by  the  sachems,  as  the  best  scheme 
to  set  upon  this  nation,  to  cause  a  kintecoy  to  be  held ; 
and  that  in  the  midst  of  their  mirth,  one  should  be 
hired  to  knock  them  in  the  head ;  adding,  as  his  own 
opinion,  that  the  best  time  to  fall  upon  them  was 
about  the  25th  October ;  because  after  that  their  usual 
manner  was  to  go  a  hunting,  and  then  they  could  not 
be  easily  found  :  But  now  the  immediate  danger  was 
of  their  destroying  the  corn  and  cattle  of  the  Christians, 
and  that  the  murders  were  owing  to  TashiowyGan,  who 
having  a  sister  dying,  expressed  great  grief  for  it,  and 
said  the  Mannetta  hath  killed  my' sister,  and  I  will  go  kill 
the  Christians;  and  taking  another  with  him,  they  toge- 
ther executed  the  barbarous  facts. 

This  information  considered,  the  council  concluded, 
that  Thomas  Lewis,  then  bound  with  his  sloop  for 
New-Castle,  should  be  stayed  from  his  voyage,  for 
three  or  four  days  when  Alricks  and  Henry  Courtu- 
rier,  would  be  ready  to  go  with  him ;  that  in  the  mean 
time,  general  instructions  should  be  drawn  to  take 
along  with  them :  That  the  Governor  of  New- 
Jersey,  and  capt.  James  Carteret,  (then  present)  should 
expeditiously  order  a  general  assembly  to  be  called  in 
that  government,  (according  to  their  custom  upon  all 
emergent  occasions)  to  know  the  people's  strength  and 
readiness ;  and  how  far  they  were  willing  to  contribute 
towards  the  prosecution  of  a  war  against  the  Indians. 
That  a  frequent  correspondence  be  kept  between 
the  two  governments,  and  that  nothing  be  done  in 
this  Indian  War,  without  mutual  advice  and  consent  of 
both  the  governors ;  unless  upon  extraordinary  oppor- 
tunity, where  advantage  against  the  enemy  might 
suddenly  be  taken,  before  notice  could  be  given. 

These 


OF    NEW-JERSEY.  71 

These  resolutions  taken,  the  next  step  was  to  tran-        A.  D. 

1  fi71 

smit  instructions  to  William  Tomm,  (he  was  either 
one  of  the  commissaries  appointed  by  Carre,  and  the 
authority  at  New-Castle,  or  a  kind  of  deputy  under 
them,  up  Delaware)  that  he  might  forecast  how  a  war 
might  be  prosecuted  to  the  best  advantage;  and  it 
requiring  time  to  get  things  in  order,  all  the  frontier 
scattering  plantations,  were  immediately  to  thresh  out 
or  remove  their  corn,  and  dispose  their  cattle,  so  as  to 
receive  the  less  damage  by  the  effects  of  the  war: 
Next  he  was  to  order,  that  none  on  pain  of  death, 
should  presume  to  sell  any  powder,  shot,  or  strong 
waters  to  the  Indians ;  and  that  in  the  mean  time,  the 
inhabitants  were  to  carry  (if  such  a  thing  was  practi- 
cable) a  seeming  complacency  with  the  nation  of  whom 
were  the  murderers,  either  by  treaty  or  traffick,  to 
prevent  suspicion  of  the  designs  on  foot ;  but  withall 
it  was  directed,  that  if  they  would  either  deliver  up 
the  murderers,  or  their  heads ;  the  English  were  at 
liberty  to  assure  them  of  no  disturbance.  Lovelace 
also  wrote  to  Carre  upon  this  occasion,  to  be  vigilant 
in  making  preparations  for  the  war ;  and  as  directions 
could  not  be  punctual,  the  whole  was  left  to  his  pru- 
dent management,  with  advice  of  his  commissaries. 
The  next  council  held  upon  this  occasion,  was  in 
November,  at  Elizabeth-Town;  present,  the  gover- 
nors Lovelace  and  Carteret,  and  divers  others.  Here 
the  season  was  thought  too  far  advanced,  to  begin  the 
war;  but  the  magistrates  were  authorized  to  treat 
with  the  neighbouring  Sasquehana  Indians,  or  others, 
to  join  together  against  the  murderers,  and  such  as 
harboured  them;  and  to  promise  a  reward  as  they 
should  think  fit;  provided  caution  was  used  so  as  to 
c-ivate  no  sudden  jealousy;  But  this  proved  unneces- 
sary ;  the  Indians  uneasy  about  the  murder,  were  not 
u  \vr>e  to  a  full  revenge,  as  the  event  proved.  In 
December,  a  punvl  of  them  meeting  at  Rambo's, 

sent 


72 


THE    HISTOEY 


A.  D. 
1672. 


An  Indian 

shot. 


New- 
AmBtell 
incorpo- 
rated. 


Distur- 
bance at 
the  Hoar- 
kill. 


sent  for  Tomm  and  others,  and  promised  within  six 
days  to  bring  in  the  murderers,  dead  or  alive :  Accord- 
ingly two  Indians  sent  by  the  sachems,  to  take  them, 
coming  to  Tashowycan's  wig-warn  in  the  night;  one 
of  them  his  particular  friend ;  him  he  asked  if  he 
intended  to  kill  him  ;  he  answered  no,  but  the  sachems 
have  ordered  you  to  die :  He  demanded  what  his  brothers 
said ;  being  told  they  also  said  he  must  die,  he  then 
holding  his  hands  before  his  eyes,  said  kill  me:  IJpon 
this  the  other  Indian,  not  his  intimate,  shot  him  in 
the  breast :  They  took  his  body  to  Wickaco,  and  after- 
wards hung  it  in  chains  at  New-Castle  :  The  English 
gave  the  sachems  for  this,  five  matchcoats.  The  other 
murderer  hearing  the  shot,  ran  naked  into  the  woods, 
and  what  came  of  him  after,  appears  not.  The  Indians 
upon  this  death,  summoned  many  of  their  young  men, 
and  before  the  English,  told  them,  that  now  they  saw 
a  beginning  of  punishment,  and  all  that  did  the  like 
should  be  so  served.  Thus  ended  an  affair,  which 
while  these  Indians  were  a  formidable  body,  looked 
discouraging. 

The  town  of  New-Castle,  in  the  spring,  1672,  was 
by  the  government  at  York,  made  a  corporation,  to 
be  governed  by  a  bailiff  and  six  assistants ;  after  the 
first  year  the  four  old  to  go  out,  and  four  others  to 
be  chosen :  The  bailiff  was  president,  with  a  double 
vote ;  the  constable  chosen  by  the  bench ;  they  had 
power  to  try  causes  as  far  as  ten  pounds,  without 
appeal :  The  English  laws  were  established  in  the  town, 
and  among  the  inhabitants  on  both  sides  Delaware: 
The  office  of  Schout  was  converted  into  a  sheriff,  for  the 
corporation  and  river,  annually  chosen  ;  and  they  were 
to  have  free  trade  without  being  obliged  to  make  entry 
at  New- York,  as  heretofore  had  been  the  practice. 

About  this  time  happened  a  considerable  disturbance 
at  the  Hoarkills :  A  party  from  Maryland,  headed  by 

one 


OF    NEW- JERSEY.  73 

one  Jones,  made  an  incursion,  and  binding  the  ma-  A.  D. 
gistrates,  and  other  inhabitants,  carried  off  what 
plunder  they  could ;  being  joined  by  Daniel  Brown, 
a  planter  at  the  Hoarkills ;  he  was  sent  to  New- York, 
took  his  tryal  and  was  convicted  ;  but  on  promises  of 
amendment,  and  a  small  security  for  future  good 
behaviour  dismissed.  With  respect  to  the  Mary  landers, 
Lovelace's  letter  to  that  governor,  shows  him  to  have 
had  some  spirit,  tho'  his  character  in  general  was 
rather  that  of  an  upright,  but  timid  governor  and  good 
natured  man:  It  is  dated  the  12th  of  August,  1672. 
To  Philip  Calvert,  Esq;  governor  of  Maryland. 

SIR, 

'  I  thought  it  had  been  impossible  now  in  these  por- 
'  tending    boisterous    times,    wherein    all    true    hearted    Governor 
/  Englishmen,  are  buckling  on  their  armour  to  vindi-  Lovelace's 
'cate  their  honours,  and  to  assert  the  imperial  interest  ^Ue 
'  of   his    sacred   majesty's  rights  and   dominions ;    that  governor 

*  now  without  any  just  grounds,  either  given  or  pre-  of  Mary- 
'  tended,  such    horrid    outrages   should    be   committed   tn  ' 

'  on  his  majesty's  liege  subjects,  tinder  the  protection 
'  of  his  royal  highness's  authority,  as  was  exercised 
'  by  one  Jones,  who  with  a  party  as  dissolute  as  himself, 
'  took  the  pains  to  ride  to  the  Hoarkills,  where 
'  in  derision  and  contempt  of  the  duke's  authority, 

*  bound    the    magistrates    and    inhabitants,   dispitefully 
'  treated    them,    rifled    and    plundered    them    of    their 
(  goods  ;    and  when  it  was  demanded  by  what  authority 
'  In-  acted,  answered  in  no  other  language  but  a  cock'd 

*  pistol  to  his  breast;  which   if  it   had  spoke  had  for- 

*  ever  silenced  him.     I  do  not  remember  I  have  heard 
'  of    a    Drearer    outrage    and    riot    committed    on    his 
'  majesty's    subjects    in    America,    but    once    before    in 
'Maryland:     ion  cannot  but  imagine  his  royal  high- 

*  n  88  will   not    I)--  satisfied   with  these  violent  proceed- 
'  ings,    in     which     the    indignity    rebounds    on     him: 
'  neither  can    you  but  believe  it  is  as  easy  an  under- 
'  taking,  for  me  to  retaliate  the  same  affront  on  Jones's 

head, 


74  THE    HISTORY 

A.  D.  *  head,  and  accomplices,  as  he  did  on  those  indefen- 
1672.  'cible  inhabitants:  But  I  rather  chuse  to  have  first  a 
'more  calm  redress  from  you;  to  whom  I  now  appeal, 
'  and  from  whom  may  in  justice  expect  that  right  in 
'  the  castigation  of  Jones  cum  socies,  that  youc 
'nature  and  the  law  has  provided  for;  otherwise 'I 
( must  apply  myself  to  such  other  remedies  as  the 
'  exigence  of  this  indignity  shall  persuade  me  to : 
'  Thus  leaving  it  to  your  consideration,  I  shall  remain 
'  your  very  humble  servant, 

FR.  LOVELACE/ 

Governor  Lovelace  also  wrote  to  capt.  Carre  upon 
this  occasion. 

SIR, 

'  The  letters  you  sent  by  the  express  over  land  came 
Governor  <  safe  to  my  hands,  with  the  inclosed  relation  and 
to°Carre!  '  papers  concerning  the  Hoarkiil,  and  the  Marylanders 
'forcibly  possessing  themselves  of  the  place,  as  also 
'  of  the  goods  and  estates  of  some  of  the  inhabi- 
'  tants,  of  which  we  had  some  rumours  before,  but 
'  did  not  give  much  credit  to  it ;  supposing  what 
'  was  done  before,  to  be  the  rash  action  of  some  private 
'  person ;  not  thinking  the  authority  of  Maryland 
(  would  invade  his  royal  highnesses  territories,  which  he 
(  hath  been  possessed  of  for  near  eight  years,  without 
'  giving  the  least  overture  of  it  to  me,  who  am  his 
'  royal  highnesses  deputy :  Their  former  violent  action 
'  and  force,  upon  those  poor  unarmed  people,  together 
'  with  the  particulars  of  their  plunders,  I  had  immediate 
'  opportunity  of  transmitting  to  his  royal  highness  by  a 
'  ship  then  bound  away  for  London,  the  which  I  made 
'  use  of,  and  recommended  their  case ;  and  I  hope  it 
'  hath  long  e'er  this  arrived  to  his  hands ;  so  that  some 
'  directions  about  it  may  be  expected  in  a  short  time ; 
'  till  when  I  think  it  best  for  the  present  to  leave  matters 
'  there  as  they  are ;  but  as  to  the  cloud  which  likewise 
'  hangs  over  your  heads  at  Delaware,  which  it  is  said 
'  they  are  making  preparations  to  invade ;  my  instruc- 
'  tions  and  orders  to  you,  and  the  officers  in  general, 
'are,  that  you  put  yourselves  in  the  best  posture  of 

defence 


OF    NEW-JERSEY.  75 

'defence  possibly  you  can,  by  fitting  up  the  fort  in  the        A-_D- 

'  town,   keeping  your   companies   in   arms,  both  there 

e  and  up  the  river ;  who  are  to  provide  themselves  with 

'  fitting  ammunition ;  and  that  all  soldiers  be  at  an  hour's 

'  warning  upon  any  alarm  or  order  given ;  and  that  at 

'  the  town  especially,  you  make  your  guards  as  strong 

'  as  you  can,  and  keep  a  strict  watch ;  and  if  any  enemy 

'comes  to  demand  the  place,  that  you  first  desire  to 

'  know   their   authority   and   commission,  and   how  it 

'  comes  to  pass  those  of  Maryland  should  now  make 

'  such  an  invasion,  after  so  long  quiet  possession  of  those 

'  parts  by  his  royal  highnesses  deputies,  under  his  maje- 

1  sty's   obedience,    and    by    other   nations   before   that, 

'  several  years  before  the  date  of  the  lord  Baltimore's 

'  patent,    whom   they    never   disturbed    by   arms,   and 

'  whose  right  is  now  devolved  upon  the  duke.     Stand 

'  well  upon  your  guard,  and  do  not  begin  with  them, 

'  but  if  they  first  break  the  peace  by  firing  upon  your 

'guards,  or  any  such  hostile  action,  then  use  all  possi- 

'  ble  means  to  defend   yourselves  and  the  place,  and 

'  command  all  his  majesty's  good  subjects  to  be  aiding 

'  and  assisting  to  you ;  who  I  hope  will  not  be  wanting 

'  to  their   abilities :      In   all    matters  of  concern,  you 

'  are  to  take  advice  of  the  chief  officers  there. 

1  This  will  come  to  you  by  your  bailiff,  Mr.  Peter 
'  Alricks,  who  is  hastening  over  land,  to  secure  his 
'  a  Hairs  there,  in  this  portending  invasion,  and  to  give 
'  his  best  help  for  the  safeguard  of  the  place,  and  his 
'  royal  highness's  interest  upon  all  occasions :  Fail  not 
'  to  send  an  express  to  me,  by  whom  I  shall  give  you  such 
'  further  directions  and  assistance  as  will  be  requisite; 
'  and  if  occasion  should  be,  will  come  over  myself  in 
'  person  ;  though  the  spring  would  be  more  suitable  for 
'  me  than  a  winter  voyage ;  so  recommending  all  things 
'  to  your  care  and  vigilance,  of  which  I  expect  a  good 
'  account :  I  conclude,  being  your  very  loving  friend, 

Lancia  Lovelace.' 

The 


76 


THE    HISTORY 


A.  D. 

1672. 

New- 
Castle,  &c. 
plundered 
by  priva- 
teers. 


Wampum. 


1673. 


1674. 


Sir  George 
Carteret's 
instructi- 
ons. 


The  inhabitants  at  New-Castle  and  the  Hoarkills, 
also  suffered  considerable  losses,  by  .  Dutch  privateers 
plundering  their  effects.  For  reparation,  they  were 
permitted  by  the  government  to  lay  an  imposition,  and 
power  given  to  the  magistrates,  to  levy  and  receive 
upon  each  anchor  of  strong  liquors  spent  or  disposed  of 
among  them,  the  value  of  four  guilders  in  wampum,c. 
but  this  to  continue  for  one  year  only,  as  a  tryal  of  its 
utility. 

Wampum  was  the  chief  currency  of  the  country ; 
Great  quantities  had  been  formerly  brought  in,  but 
the  Indians  had  carried  so  much  away,  it  was  now 
grown  scarce ;  and  this  was  thought  to  be  owing  to  its  low 
value.  To  increase  it,  the  governor  and  council  at  York 
issued  a  proclamation  in  1673,  that  instead  of  eight 
white  and  four  black,  six  white  and  three  black  wam- 
pums should  pass  in  equal  value  as  a  stiver  or  penny ; 
and  three  times  so  much  the  value  in  silver.  This  pro- 
clamation was  published  at  Albany,  Eusopus,  Dela- 
ware, Long-Island,  and  parts  adjacent. 

Mention  was  made  that  sir  George  Carteret  by  his 
instructions  to  governor  Carteret,  confirmed  the  original 
concessions  with  additions  and  explanations :  These  bore 
date  the  13th  of  July  1674:  Among  other  things  they 
direct,  that  the  governor  and  council  should  allow  eighty 
acres  per  head,  to  settlers  above  ten  miles  from  the  sea, 
the  Delaware,  or  other  river,  navigable  with  boats; 

and 

c.  Eight  white  wampum  or  four  black,  passed  at  this  time  as  a 
stiver,  twenty  stivers  made  what  they  called  a  guilder,  which  was 
about  six  pence  present  currency.  The  white  wampum  was  worked 
out  of  the  inside  of  the  great  conques  into  the  form  of  a  bead,  and 
perforated  to  string  on  leather.  The  black  or  purple  was  worked 
out  of  the  inside  of  the  mussell  or  clam-shell,  they  were  sometimes 
wove  as  broad  as  ones  hand,  and  about  two  feet  long ;  these  the 
Indians  call  belts,  and  commonly  give  and  receive  at  treaties,  as 
seals  of  their  friendship :  For  lesser  matters  a  single  string  is  given. 
Every  bead  is  of  a  known  value,  and  a  belt  of  a  less  number  is  made 
to  equal  one  of  a  greater,  by  so  many  as  is  wanting  fastened  to  the 
belt  by  a  string. 


OF    NEW-JERSEY.  77 

and  to  those  that  settled  nearer,  sixty  acres :  That  the  land  A  .^D. 
should  be  purchased  from  the  Indians,  as  occasion 
required,  by  the  governor  and  council,  in  the  name  of 
the  proprietors,  who  were  to  be  repaid  by  the  settlers 
with  charges  :d-  That  all  strays  of  beasts  at  land,  and 
wrecks  at  sea,  should  belong  to  the  proprietor ;  and  that- 
all  persons  discovering  any  such  thing,  should  have 
satisfaction  for  their  pains  and  care,  as  the  governor  and 
council  might  think  fit. 


CHAP.    V. 

i 

Major  Andros  appointed  governor  at  New*-  York :  Takes 
possession  at  Delaware :  Arrival  of  the  first  English 
settlers  to  West- Jersey,  under  the  duke  of  York's  title : 
Lord  Berkely  assigns  his  moiety  of  New- Jersey  to  Byl- 
linge,  and  he  in  trust  to  others :  Their  letter  and  first 
commission:  New- Jersey  divided  into  the  provinces, 
East  and  West-Jersey  ;  and  the  declaration  of  the  West- 
Jersey  proprietors. 

A    BOUT  the  month  of  October  1674,  major  Ed-        1674. 
./"x   iiuind  Andros6-  arrived  governor,  under  the  duke 
of  York ;    he  soon   after  authorized  captain  Cantwell    Major 
and  William  Tom  in,  to  take  possession  of  the  fort  and 
stores  at   New-Castle,  for  the  king's  use,  pursuant  to 
the  late  treaty  of  peace,  and  to  take  such  other  measures 
for  their  settlement  and  repose  at  New-Castle,  the  Hoar- 
kills,  and  other  parts  of  Delaware,  as  they  thought 
best;    requiring  them  to  comport  themselves  towards 

the 

d.  A  paragraph  of  this  fort,  is  also  inserted  in  one  of  the 
letters  of  instruction  from  lord  Berkely  and  sir  George  Carteret, 
in  conjunction,  in  1672. 

«.  He  was  afterwards  knighted  :  he  bore  the  unfavourable  cha- 
racter of  an  arbitrary  governor,  who  made  the  will  of  his  despotic 
master  (James  ii.)  and  not  the  law,,  the  chief  rule  of  his  conduct. 


78  THE    HIS  TORY 

A.  D.        the   neighbouring    colonies   in    an    amicable    manner. 
Proclurna-     This  done,  he  published  a  proclamation  in  the  words 
tion-  following : 

(  Whereas  it  hath  pleased  his  majesty  and  his  royal 
'  highness,  to  send  me  with  authority,  to  receive  this 
'place  and  government  from  the  Dutch,  and  to  con- 
1  tinue  in  the  command  thereof  under  his  royal  high- 
( ness,  who  hath  not  only  taken  care  for  our  future 
4  safety  and  defence,  but  also  given  me  his  commands 
'  for  securing  the  rights  and  properties  of  the  inhabi- 
'  tants,  and  that  I  should  endeavour  by  all  fitting 
'  means,  the  good  and  wellfare  of  this  province,  and 
'  dependencies  under  his  government ;  that  I  may  not 
'  be  wanting  in  any  thing  that  may  conduce  thereunto, 
'  and  for  the  saving  of  the  trouble  and  charge  hither, 
'  for  the  satisfying  themselves  in  such  doubts  as  might 
'*  arise  concerning  their  rights  and  properties  upon  the 
f  change  of  government,  and  wholly  to  settle  the  minds 
''  of  all  in  general,  I  have  thought  fit  to  publish  and 
'  declare,  that  all  former  grants,  privileges  or  conces- 
'sions  heretofore  granted,  and  all  estates  legally  posses- 
'  sed  by  any  under  his  royal  highness,  before  the  late 
'  Dutch  government,  (as  also  all  legal  judicial  proceed- 
t  ings  during  that  government,  to  my  arrival  in  these 
'  parts)  are  hereby  confirmed,  and  the  possessor  by 
'  virtue  thereof,  to  remain  in  quiet  possession  of  their 
;'  rights :  It  is  hereby  further  declared,  that  the  known 
'  book  of  laws  formerly  established  and  in  force  under 
'  his  royal  highness's  government,  is  now  again  con- 
•' firmed  by  his  royal  highness;  the  which  are  to  be 
''  observed  and  practised,  together  with  the  manner  and 

*  time  of  holding  courts  therein    mentioned  as  hereto- 

*  fore ;  and  all  magistrates  and  civil  officers  belonging 
f  thereunto,  to  be  chosen  and  established    accordingly. 
•'  Given  under  my  hand  in  New- York,  this  9th  day  of 
'  November,  in  the  twenty-sixth  year  of  his  majesty's 
f  reign,  annoque  domini  1674.' 

Andros  being  now  seated  in  his  government,  we 
shall  leave  him,  and  take  a.  view  of  other  matters: 

First 


OF    NEW-JERSEY.  79 

First  respecting  the  arrival  of  a  few  passengers  from  Av.?* 
England  to  West-Jersey :  One  moiety  or  half  part  of 
the  province  of  New-Jersey,  belonged  to  the  lord  Ber-  First  arri- 
keley,  and  now  about  was  sold  to  John  Fenwick,  in 
trust  for  Edward  Byllinge  and  his  assigns.  Fenwick 
in  1675,  set  sail  to  visit  the  new  purchase  in  a  ship  from 
London,  called  the  Griffith ;  arriving  after  a  good 
passage,  he  landed  at  a  pleasant  rich  spot,  situate  near 
Delaware,  by  him  called  SALEM,  probably  from  the 
peaceable  aspect  it  then  bore.  He  brought  with  him 
two  daughters,  and  many  servants,  two  of  which, 
Samuel  Hedge  and  John  Adams,  afterwards  married 
his  daughters ;  other  passengers  were,  Edward  Champ- 
ness,  Edward  Wade,  Samuel  Wade,  John  Smith  and 
•wife,  Samuel  Nichols,  Richard  Guy,  Richard  Noble, 
Richard  Hancock,  John  Pledger,  Hipolite  Lufever, 
and  John  Matlock ;  these,  and  others  with  them,  were 
masters  of  families.  This  was  the  first  English  ship 
that  came  to  West-Jersey,  and  none  followed  for 
near  two  years,  owing  probably  to  a  difference  between 
Fenwick  and  Byllinge. 

But  this  difference  being  settled  to  the  satisfaction  of 
both  parties,  by  the  good  offices  .  of  William  Penn, 
Byllinge  agreed  to  present  his  interest  in  the  province  of 
New-Jersey,  to  his  creditors,  as  all  that  he  had  left, 
towards  their  satisfaction,  and  desir'd  Penn  to  join 
Gawen  Lawrie  and  Nicholas  Lucas  (two  of  his  creditors) 
and  they  together  to  be  trustees :  Penn  at  first  unwilling, 
was  by  the  importunity  of  some  of  the  creditors,  pre- 
vailed on ;  and  with  the  others  accepting  the  charge, 
they  became  trustees  for  one  moiety  or  half  part  of  the 
province ;  which  tho'  yet  undivided,  necessity  pressing, 
they  soon  sold  a  considerable  number  of  shares  of  their 
propriety  to  different  purchasers,  who  thereupon  became 
proprietors  (according  to  their  different  shares)  in 
common  with  them ;  and  it  being  necessary  that  some 

scheme 


so  THEHISTOEY 

A.  p.       scheme  should  be  fallen   upon,  as  well  for  the  better 
distribution  of  rights  to  land,  as  to  promote  the  settle- 
Western        ment,   and    ascertain   a   form    of    government;     con- 
coucessions. 

cessions  were  drawn,  mutually  agreed  on,  and  signed 

by  some  of  the  subscribers,^  (for  they  did  not  all  sign 
at  once.)  It  was  next  the  business  of  the  proprietors, 
who  held  immediately  under  lord  Berkely,  to  procure 
a  division  of  the  province,  which  after  some  time  was 
effected ;  and  then  as  an  expedient  for  the  present 
well  ordering  matters,  they  wrote  the  following  letter  o 

London,  26th  of 
1676.  Richard  Hartshorne.  the  6th  month,  1676. 

'  We  have  made  use  of  thy  name  in  a  commission 
'  and  instructions,  which  we  have  sent  by  James  Wasse, 
'  who  is  gone  in  Samuel  Groome's  ship  for  Maryland ; 
'  a  copy  of  which  is  here  inclosed,  and  also  a  copy  of  a 
'  letter  we  have  sent  to  John  Fen  wick,  to  be  read  to 

*  him  in  presence  of  as  many  of  the  people  that  went 
'with  him  as  may  be;    and  because  we  both  expect, 
e  and  also  entreat,  and  desire  thy  assistance  in  the  same 
'  we  will  a  little  shew  things  to  thee,  that  thou  may 
'inform  not  only  thyself,  but  friends  there;  which  in 
'  short  is  as  follows. 

( 1st.  We  have  divided  with  George  Carteret,  and 
(  have  sealed  deeds  of  partition,  each  to  the  other ;  and 

*  we  have  all  that  side  on  Delaware  river  from  one  end 
'  to  the  other ;  the  line  of  partition  is  from  the  east  side 
( of  little  Egg  Harbour,  straight  North,  through  the 
(  country,  to  the  utmost  branch  of  Delaware  river ;  with 
'  all    powers,    privileges,    and    immunities  whatsoever : 
( ours   is   called   New  West- Jersey,   his   is   called   New 
1  East- Jersey. 

1  2d.  We  have  made  concessions  by  ourselves,  being 
'  such  as  friends  here  and  there  (we  question  not)  will 
'  approve  of,  having  sent  a  copy  of  them  by  James 
t  Wasse ;  there  we  lay  a  foundation  for  after  ages  to 
'  understand  their  liberty  as  men  and  Christians,  that  they 

'may 

e.  Appendix  numb.  ii. 


OF    NEW-JERSEY.  81 

'may  not  be  brought  in  bondage,  but  by  their  own        A^  "D. 

'  consent ;  for   we  put  the   power  in  the  people,  that 

'  is  to  say,  they  to  meet  and    choose  one  honest  man 

1  for  each  propriety,  who  hath  subscribed  to  the  concea- 

1  sinus;    all   these  men  to  meet  as  an  assembly  there,  to 

1  make  and  repeal  laws,  to  choose  a  governor,  or  a  com- 

'  missioner,  and  twelve    assistants,  to  execute  the  laws 

'during   their  pleasure;    so  every  man    is   capable   to 

'choose  or  be  chosen:     No  man  to  be  arrested,  con- 

'  deinned,    imprisoned,    or    molested    in    his    estate    or 

'  liberty,  but  by  twelve    men  of  the    neighbourhood : 

1  Xo  man  to  lie  in  prison  for  debt,  but  that  his  estate 

1  satisfy  as  far  as  it  will  go,  and  be  set  at  liberty  to 

'  work  :     No  person  to  be  called  in  question  or  molested 

*  for  his  conscience,  or  for  worshipping   according  to 
1  his  conscience ;    witji    many    more   things  mentioned 
'  in  the  said  concessions. 

•'  3.  We  have  sent  over  by  James  Wasse,  a  com- 
'  mission  under  our  hands  and  seals,  wherein  we  im- 

*  power  thyself,  James  Wasse   and   Richard    Guy,  or 
'  any  two  of  you,  to  act  and  do  according  to  the  in- 
'  struct  ions,  of  which  here  is  a  copy ;  having  also  sent 
'  some   goods,  to  buy  and  purchase  some  land   of  the 
'  natives. 

'  4.  We  intend  in  the  spring  to  send  over  some  more 
1  commissioners,  with  the  friends  and  people  that 
'  cometh  there,  because  James  Wasse  is  to  return  in 
'  Samuel  Groom's  ship  for  England  :  for  Richard  Guy, 
'  we  judge  him  to  be  an  honest  man,  yet  we  are  afraid 
1  that  John  Fenwick  will  hurt  him,  and  get  him  to 
'  condescend  to  things  that  may  not  be  for  the  good 
'  of  the  whole ;  so  we  hope  thou  wilt  ballance  him  to 
'  what  is  just  and  fair;  that  John  Fenwick  betray  him 
'  not,  that  things  may  go  on  easy  without  hurt  or  jar; 
'  which  is  the  desire  of  all  friends;  and  we  hope  West 
'  Jersey  will  be  soon  planted  ;  it  being  in  the  minds  of 
'  many  friends  to  prepare  for  their  going  against  the 
'  spring. 

F  5.  Having 


82  THE    HISTORY 

A.  D.  <  5.  Having  thus  far  given  thee  a  sketch  of  things, 

1676.        t  we  corae  110W  to  desire  thy  assistance,  and  the  assistance 

'  of  other  friends  in  your  parts ;  and  we  hope  it  will 

'  be  at  length  an   advantage  to  you  there,  both   upon 

*  truth's  account,  and  other  way§;  and  in  regard  many 
'  families  more  may  come  over  in  the  spring  to  Delaware 
'  side,  to  settle  and  plant,  and  will  be  assigned  by  us  to 

*  take  possession  of  their  particular  lots ;  we  do  entreat 

<  and  desire,  that  thou,  knowing  the  country,  and   how 
'  to  deal  with  the  natives ;    we  say,  that  thee,  and  some 
'  other  friends,  would  go  over  to  Delaware  side,  as  soon 
4  as  this  comes  to  your  hands,  or  as  soon  as  you  can 
'  conveniently  ;    and  James  Wasse  is  to  come  to  a  place 
'  called    New-Castle,  on   the   other   side   of  Delaware 

<  river,  to  stay  for  thee,  and   any   that   will   go   with 
'him;    and  you  all  to  advise  together,  and  find  out  a 
4  fit   place  to  take  up  for  a  town,  and  agree  with  the 
'  natives  for  a  tract  of  land ;  and  then  let  it  be  surveyed 
4  and   divided  in    one  hundred   parts ;   for  that  is  the 

<  method  we  have  agreed  to  take,  and  we  cannot  alter 
'  it ;    and  if  you  set  men  to  work  to  clear  some  of  the 
'ground,  we   would    be  at  the   charges;    and    we   do 

*  intend  to  satisfy  thee  for  any  charge  thou  art  at,  and 
'  for  thy  pains :    This  we  would  not  have  neglected  ;  for 
'  we  know,  and  you  that  are  there  know,  that  if  the 
'  land  be  not  taken   up  before  the  spring,  that   many 
'  people  come  over  there,  the  natives  will  insist  on  high 

*  demands,  and  so  we  shall  suffer  by  buying  at  dear 
'  rates,  and  our  friends  that  cometh  over,  be  at  great 
'trouble   and    charges   until    a   place   be   bought   and 
'  divided ;    for  we  do  not  like  the  tract  of  land  John 
'  Fenwick  hath  bought,  so  as  to  make  it  our  first  settle- 

i  (  ment ;  but  we  would  have  thee  and  friends  there,  to 
'  provide  and  take  up  a  place  on  some  creek  or  river, 
'  that  may  lie  nearer  you,  and  such  a  place  as  you 
'  may  like ;  for  may  be  it  may  come  in  your  minds  to 
' come  over  to  our  side,  when  you  see  the  hand  of  the 
'  Lord  with  us ;  and  so  we  can  say  no  more,  but  leave 
'  the  thing  with  you,  believing  that  friends  there  will 
( have  a  regard  to  friends  settling,  that  it  may  be  done 


OF    NEW-JERSEY.  83 

4  in  that  way  and  method,  that  may  be  for  the  good  of        A.  D. 

« the  whole  •  rest  thy  friends,  1676- 

GAWEN  LAURIE, 
WILLIAM  PENN, 
NICHOLAS  LUCAS, 
E.  BYLLINGE, 
JOHN  EDRIDGE, 
EDMOND  WARNER. 

'London,  the  18th  of  6th  month  called  August,  1676. 

'  We  whose  names  are  hereunder  subscribed,  do  Proprie- 
'give  full  power,  commission  and  authority,  unto  ^rucdons 
4  James  Wasse,  Richard  Hartshorne  and  Richard  Guy,  to  Jamea 
'  or  any  two  of  them,  to  act  and  do  for  us  according  Wasse  and 

*  to  the  following  instructions;    and  we  do  engage  to  ^icliar(^ 

'  ratify  and  confirm   whatsoever  they  shall  do  in  prose-  home,  &c. 

*  cution  of  the  same* 

'  1.   We  desire  you  to  get  a  meeting  with   John  Fen- 
'  wick,  and  the  people  that  went  with   him,  (but  we 

*  would  not  have  you  tell  your  business,)  until  you  get 
'  them  together ;  then  show  and  read  the  deed  of  parti- 
1  tion  with  George  Carteret ;   also   the  transactions  be- 
1  tween  William  Penn,  Nicholas  Lucas,  Gawen  Lawrie, 
4  John    Edridge  and  Edrnond  Warner,  and   then   read 
4  our  letter  to  John  Fen  wick  and   the  rest,  and  shew 

*  John  Fenwick  he  hath  no  power  to  sell  any  land  there, 
1  without  the  consent  of  John  Edridge  and  Edmond 

*  Warner. 

'  2.  Know  of  John  Fenwick,  if  he  will  be  willing 
''  peaceably  to  let  the  land  he  hath  taken  up  of  the 
'  natives  be  divided  into  one  hundred  parts,  according 
'to  our  and  his  agreement  in  England,  casting  lots  for 
'  the  same,  we  being  willing  that  those  who  being 
led  and  have  cultivated  ground  now  with  him,  shall 
'  enjoy  the  same,  without  being  turned  out,  although 
'  they  fall  into  our  lots:  Always  provided,  that  we  be 
'  reimbursed  the  like  value  and  quantity  in  goodness  out 
4  of  John  Fenwick'a  lots :  And  we  are  also  content  to 
'  pay  our  ninetieth  parts  of  what  is  paid  to  the  natives 
4  for  the  same,  and  for  what  James  Wasse  hath  pur- 

'  chased 


84  THE  HIS TORY 

A.  T>.  t  chased  of  John  Fenwick,  and  he  setting  out  the  same 
'  unto  him,  not  being  in  a  place  to  be  allotted  for  a 
1  town  upon  a  river,  but  at  a  distance,  and  the  said 
'  John  Fenwick  allowing  us  the  like  value  in  goodness 
'  in  some  other  of  his  lots ;  we  are  willing  he  shall 
'  possess  the  same  from  any  claiming  by  or  under  us ; 
'  and  for  the  town  lots  we  are  willing  he  enjoy  the  same 
'  as  freely  as  any  purchaser  buying  of  us. 

'  3.  Take  informations  from  some  that  knows  the 
'  soundings  of  the  river  and  creeks,  and  that  is  ac- 
'  quainted  in  the  country,,  and  when  James  Wasse  is  in 
'  Maryland,  he  may  enquire  for  one  Augustin,  who  as 
'  we  hear  did  found  most  part  of  Delaware  river  and 
'  the  creeks  :  He  is  an  able  surveyor ;  see  to  agree  with 
'  him  to  go  with  you  up  the  river  as  far  as  over  against 
'  New-Castle,  or  further  if  you  can,  so  far  as  a  vessel 
'  of  a  hundred  tun  can  go ;  for  we  intend  to  have  a  way 
{  cut  cross  the  country  to  Sandy-Hook ;  so  the  further 
1  up  the  way,  the  shorter :  and  there,  upon  some  creek  or 
e  bay,  in  some  healthy  ground,  find  out  a  place  fit  to 
'  make  a  settlement  for  a  town  ;  and  then  go  to  the  In- 
'  dians,  and  agree  with  them  for  a  tract  of  land  about 
1  the  said  place,  of  twenty  or  thirty  miles  long,  more  or 
'  less,  as  you  see  meet,  and  as  broad  as  you  see  meet* 
1  If  it  be  to  the  middle,  we  care  not ;  only  enquire  if 
'  George  Carteret,  have  not  purchased  some  there 
'  already,  that  so  you  may  not  buy  it  over  again. 

'  4.  Then  lay  out  four  or  five  thousand  acres  for  a 
'  town ;  and  if  Agustin  will  undertake  to  do  it  reason- 
e  ably,  let  him  do  it ;  for  he  is  the  fittest  man  ;  and  if  he 
*  think  he  cannot  survey  so  much,  being  in  the  winter 
'  time,  then  let  him  lay  out  the  less  for  a  town  at  present, 
'  if  it  be  but  two  thousand  acres,  and  let  him  divide  it  in 
( a  hundred  parts ;  and  when  it  is  done,  let  John  Fen- 
(  wick,  if  he  please,  be  there ;  however,  let  him  have 
'  notice  :  But  however,  let  some  of  you  be  there,  to  see 
( the  lots  cast  fairly  by  one  person  that  is  not  concerned , 
'  The  lots  are  from  number  one  to  a  hundred,  and  put 
'  the  same  numbers  of  the  lots  on  the  partition  trees  for 
{  distinction. 

<5.  If 


OF    NEW-JERSEY.  85 

'  5.  If  John  Fenwick,  and  those  concerned  with  him,        A.  D. 
'be  willing  to  join  with  you  in  those  things  as  above,        1676> 

*  which  is  just  and  fair,  then  he  or  any  of  them,  may 

*  go  along  with  you  in  your  business  ;,and  let  them  pay 
'  their  proportion  of  what  is  paid  to  the  natives,  with 
'other  charges:    And  so  he  and  they  may  dispose  of 
'  their  lots  with  consent  of  John  Edridge  and  Edmund 
'Warner;    which    lots   are,   20,   21,   26,    27,    36,    47, 
'  50,  57,  63,  72. 

'  6.  If  John  Fenwick  and  his  people,  refuse  to  let 
'  the  land  they  have  taken  up  of  the  natives  be  divided, 
'  and  refuse  to  join  with  you ;  you  may  let  the  country 

*  know  in  what  capacity  John  Fenwick  stands,  that  he 
1  hath  no  power  over  the  persons  or  estates  of  any  man 
'  or  woman  more  than  any  other  person. 

1  7.  What  land  /ou  take  of  the  natives,  let  it  be 

*  taken,  viz.  ninety  parts  for  the  use  of  William  Penn, 
1  Gawen   Lawrie  and  Nicholas  Lucas,   and   ten   parts 
f  for  John  Edridge  and  Edmond  Warner. 

'  8.  After   you    have  taken  the  land  as  above,  and 

*  divided  for  a  town  or  settlement,  and  cast  lots  for  the 
'same  as  above;  then  if  any  have  a  mind  to  buy  one 
'  or  more  proprieties,  sell  them  at  two  hundred  pound 
<  specie ;  they  taking  their  lots  as  theirs  do ;  paying  to 
'you    in    hand    the  value   of  fifty  pounds  in  part  of 
'  a  propriety,  and  the  rest  on  sealing  their  conveyance 
4  in  London  ;  and  so  they  may  presently  settle.     When 
'  any  of  the  lots  fall  to  us,  that  is  to  say,  he  that  buy- 
'  eth  a  propriety  may  settle  on  any  one  lot  of  ninety 
'  parts  ;  which  said  persons  that  buys,  and  what  lots  falls 
'  to  them,  (here  they  may  settle,  and  acquaint  us  what 
'numbers    they    are;    and    if  any   will    take    land    to 
1  them  and  their  heirs  forever,  for  every  acre  taken  up 
'  in  a  place  laid  out  for  a  town,  according  to  the  con- 
'  cessions,  they  are  not  to  have  above  what  shall  fall  by 
'  lot  to  a  propriety  in  a  town. 

'  !>.  \Vliat  charges  James  Wasse  is  at,  by  taking 
1  up  the  land  of  the  natives,  we  do  oblige  to  pay  the 
'same  unto  him  again,  with  what  profits  is  usual  there 
'  upon  English  goods ;  and  he  may  pitch  upon  two  lots, 

'one 


86  THE    HISTORY 

A.  D.  ( one  in  each  town ;  if  they  be  taken  up  before  he 
1676<  ( comes  away,  to  his  own  proper  use,  for  his  trouble 
'  and  pains :  And  we  do  also  engage  to  allow  and  pay 
'  what  charges  any  of  our  commissioners  shall  disburse 
( in  executing  these  our  instructions,  to  them  or  their 
'  assigns. 

( 10.  Let  us  be  advised  by  the  first  ship  that  cometh 
'  for  England,  of  all  proceedings  hereupon,  and  write 
'to  the  friends  at  Sandy-Hook,  letting  them  know 
'  how  things  are,  and  that  we  have  divided  with  George 
'  Carteret,  and  that  our  division  is  all  along  on  Dela- 
'  ware  river ;  and  that  we  have  made  concessions  by  our 
( selves,  which  we  hope  will  satisfy  friends  there.  If 
'  John  Fenwick,  or  any  of  the  people  with  him,  desire 
'  a  copy  of  the  deed  of  partition,  let  them  have  it. 

'11.  We  desire  that  our  original  deed  may  be  kept  in 
( your  own  custody,  that  it  may  be  ready  to  shew  unto 
'the  rest  of  the  commissioners,  which  we  intend  to 
( send  over  in  the  spring,  with  full  power  for  settling 
'  things,  and  to  lay  out  land,  and  dispose  upon  it,  and 
'  for  the  settling  some  method  of  government  according 
'  to  the  concessions. 

'12.  If  you  cannot  get  Augustin  to  go  with  you, 
'  or  that  he  be  unreasonable  in  his  demands ;  then  send 
'  a  man  to  Thomas  Bushroods,  at  Essex  lodge,  in  York 
'  river,  for  William  Elliot,  who  writes  to  Gawin  Lawrie 
*  this  year,  and  offered  himself  to  be  surveyor,  and  tell 
'  him  you  had  orders  from  said  Lawrie  to  send  for  him, 
'and  take  him  with  you.  He  will  be  willing  to  be 
'there  all  winter,  and  will  survey  and  do  other  things* 
'  He  had  a  good  character  in  Virginia,  but  was  not 
'  able  to  keep  it ;  he  is  a  fair  conditioned  sober  man : 
'  Let  him  stay  there  all  winter,  and  order  him  some- 
'  thing  to  live  upon. 

'13.  If  the  said  Elliot  go  with  you,  give  him  direc- 
'  tions  what  to  do.  If  you  cannot  stay  till  a  place  for  a 
'town  be  surveyed,  yet  we  think  you  may  stay  until 
'  you  have  not  only  pitched  upon  a  place  for  a  town, 
'  but  also  upon  a  place  for  a  second  town  and  settlement, 
'  and  have  marked  out  the  place  round  about  there,  and 

'let 


OF    NEW- JERSEY.  87 

'  let  William  Elliot  divide  both,  which  no  doubt  but       A.  D. 

'  he  may  do  before  the  spring,  that  we  send  over  more        1676< 

'  commissioners  and  people ;   and  if  John  Fenwick  be 

'  willing  to  go  on  jointly  with  you  there,  his  surveyor 

'  may  go  along  and  help  ours,  and  the  charges  shall  be 

'  brought  in  for  both  proportionably  on  all.    Mind  this, 

'  and  speak  to  Richard  Guy,  or  Richard  Hartshorne, 

'  and  leave  orders  with  them  to  let  William  Elliot  have 

'  provisions  for  himself  till  spring,  and  we  shall  order 

'  them  satisfaction  for  the  same ;   and   if  there  be  no 

1  house  near  the  place  you  take  up  for  the  surveyors  to 

'  lodge  in,  then  let  there  be  a  cottage  built  for  them 

'on  the  place,  and  we  will  allow  the  charges. 

<  14.  And  whereas  there  is  tackling  there  already, 
'  for  fitting  of  a  sloop,  as  we  judge,  in  the  custody  of 
'  Richard  Guy :  W%  also  give  you  power  if  you  see 
'  meet,  and  that  it  be  of  necessary  use  and  advantage 
'  for  the  whole  concern,  you  may  order  these  ship-car- 
1  penters  to  build  a  sloop  suitable  for  these  materials, 
'  and  appoint  them  some  provision  for  their  food,  and 
'  for  the  rest  of  their  wages  they  shall  either  have  it  in 
'  a  part  of  the  sloop,  or  be  otherwise  satisfied  in  the 
'  spring  of  the  year ;  the  said  sloop  to  be  ordered  and 
(  disposed  upon  by  you  until  more  commissioners  come 
'  over  with  further  instructions. 

1 15.  For  the  goods  we  have  sent  over  with  James 
1  Wasse  are  to  disposed  upon  for  purchasing  land  from 
( the  natives  or  otherwise  as  need  is,  giving  us  account 
'  thereof. 

NICHOLAS  LUCAS,      WILLIAM  PESTN, 
EDMOND  WARNER.     GAWIN  LAWRIE, 
E.  BYLLINGE, 

The  instrument  for  dividing  the  province  being 
agreed  on  by  sir  George  Carteret  on  the  one  part,  and 
the  said  E.  Byllinge,  William  Penn,  Gawen  Lawrie, 
and  Nicholas  Lucas  on  the  other,  they  together  signed 
a  Quintipartite  deed,  dated  the  first  day  of  July,  1676./- 

The 

/.  Vid.  Grants,  concessions,  &c.  published  by  A.  Learning   and 
J.  Spicer.  p.  61,  &c. 


88  THE    HISTORY 

A.  D.  The  line  of  division  being  thus  far  settled,  each  took 

their  own  measures  for  further  peopling  and  improving 
their  different  shares.  Sir  George  Carteret  had  greatly 
the  advantage  respecting  improvements,  his  part  being 
(as  we  have  seen)  already  considerably  peopled :  The 
western  proprietors,  soon  published  a  description  of 
their  moiety ;  on  which  many  removed  thither :  But 
lest  any  should  not  sufficiently  weigh  the  importance 
of  this  undertaking,  and  for  other  reasons,  the  three 
principal  proprietors  published  the  following  cauti- 
onary epistle. 

Dear  friends  and  brethren, 

Epistle.  (  In  the  pure  love  and  precious  fellowship  of  our 

'  Lord  Jesus  Christ,  we  very  dearly  salute  you :  Foras- 
'rnuch  as  there  was  a  paper  printed  several  months 
'  since,  entitled,  The  description  of  New- West- Jersey, 
( in  the  which  our  names  were  mentioned  as  trustees 
'  for  one  undivided  moiety  of  the  said  province :  And 
( because  it  is  alledged  that  some,  partly  on  this  account, 
'  and  others  apprehending,  that  the  paper  by  the  man- 
'  ner,  of  its  expression  came  from  the  body  of  friends, 
( as  a  religious  society  of  people,  and  not  from  parti- 
€  culars,  have  through  these  mistakes,  weakly  concluded 
'  that  the  said  description  in  matter  and  form  might  be 
*  writ,  printed  and  recommended  on  purpose  to  promp 
f  and  allure  people,  to  dis-settle  and  transplant  them- 
( selves,  as  it's  also  by  some  alledged :  And  because 
'that  we  are  informed,  that  several  have  on  that 
'  account,  taken  encouragement  and  resolution  to  trans- 
plant themselves  and  families  to  the  said  province; 
f  and  lest  any  of  them  (as  is  feared  by  some)  should 
'go  out  of  a  curious  and  unsettled  mind,  and  others 
'  to  shun  the  testimony  of  the  blessed  cross  of  Jesus, 
'  of  which  several  weighty  friends  have  a  godly  jealousy 
( upon  their  spirits ;  lest  an  .unwarrantable  forwardness 
'  should  act  or  hurry  any  beside  or  beyond  the  wisdom, 
'  and  counsel  of  the  lord,  or  the  freedom  of  his  light 
( and  spirit  in  their  own  hearts,  and  not  upon  good  and 
'  weighty  grounds :  It  truly  laid  hard  upon  us,  to  let 

*  friends 


OF    NEW-JERSEY.  89 

'  friends  know  how  the  matter  stands  ;  which  we  shall        A.JD. 
'  endeavour  to  do  with  all  clearness  and  fidelity.  1676- 

'1.  That  there  is  such  a  province  as  New- Jersey,  is 
'certain. 

1  2.  That  it  is  reputed  of  those  who  have  lived  and 
'  have  travelled  in  that  country,  to  be  wholesome  of 
'  air  and  fruitful  of  soil,  and  capable  of  sea  trade,  is 
'  also  certain ;  and  it  is  not  right  in  any  to  despise  or 
'  dispraise  if,  or  disswade  those  that  find  freedom  from 
*  the  Lord,  and  necessity  put  them  on  going. 

'  3.  That  the  duke  of  York  sold  it  to  those  called 
1  lord  Berkeley,  baron  of  St ration,  and  sir  George  Car- 
'  terefc,  equally  to  be  divided  between  them,  is  also 
'  certain. 

'  4.  One  moiety  or  h%lf  part  of  the  said  province,  being 
'  the  right  of  the  said  lord  Berkeley,  was  sold  by  him  to 
'  John  Fenwick,  in  trust  for  Edward  Byllinge,  and 
'  his  ;issigns. 

'  5.  Forasmuch  as  E.  B.  (after  William  Penn  had 
'  ended  the  difference  between  the  said  Edward  Byl- 
'  linge  and  John  Fenwick)  was  willing  to  present  his 
1  interest  in  the  said  province  to  his  creditors,  as  all  that 
'  he  had  4eft  him,  towards  their  satisfaction,  he  desired 
'  William  Penn  (though  every  way  unconcerned)  and 
4  Gawen  Lawrie,  and  Nicholas  Lucas,  two  of  his 
'  creditors,  to  be  trustees  for  performance  of  the  same ; 
'  and  because  several  of  his  creditors,  particularly  and 
'  very  inij)ortunately,  pressed  William  Penn  to  accept 
'  of  the  trust  for  their  sakes  and  security ;  we  did  all  of 
'  n-  comply  with  those  and  the  like  requests,  and  accepted 
'  of  the  trust. 

'  6.  Upon  this  we  became  trustees  for  one  moiety  of 
'the  said  province,  yet  undivided:  And  after  no  little 
'  labour,  trouble  and  cost,  a  division  was  obtained 
'  hetw.vn  the  said  sir  ( Jcor^e  (  arteret  and  us,  as  tru- 
'stees:  The  country  is  situated  and  bounded  as  is 
'  expressed  in  the  printed  description. 

'  7.  This  now  divided  moiety  is  to  be  cast  into  one 
'hundred  parts,  lots,  or  proprieties;  ten  of  which 
'upon  the  au-nvinent  made  betwixt  E.  Byllinge  and  J. 

'  Fenwick, 


90  THE    HISTORY 

A.  D.  *  Fen  wick,  were  settled  and  conveyed  unto  J.  Fenwicky 
1676.  <  j^g  executors  and  assigns,  with  a  considerable  sum  of 
'  money,  by  way  of  satisfaction  for  what  he  became 
'  concerned  in  the  purchase  from  the  said  lord  Berkely, 
'and  by  him  afterwards  conveyed  to  John  Edridge 
'  and  Edmond  Warner,  their  heirs  and  assigns. 

'  8.  The  ninety  parts  remaining  are  exposed  to  sale, 
'  on  the  behalf  of  the  creditors  of  the  said  E.  B.  And 
'  forasmuch  as  several  friends  are  concerned  as  creditors, 
'  as  well  as  others,  and  the  disposal  of  so  great  a  part 
'  of  this  country  being  in  our  hands ;  we  did  in  real 
'  tenderness  and  regard  to  friends,  and  especially  to  the 
'poor  and  necessitous,  make  friends  the  first  offer; 
*  that  if  any  of  them,  though  particularly  those  that 
'being  low  in  the  world,  and  under  trials  about  a 
'comfortable  livelihood  for  themselves  and  families,. 
'  should  be  desirous  of  dealing  for  any  part  or  parcel 
'  thereof,  that  they  might  have  the  refusal. 

'  9.  This  was  the  real  and  honest  intent  of  our  hearts, 
'  and  not  to  prompt  or  allure  any  out  of  their  places, 
'  either  by  the  credit  our  names  might  have  with  our 
'  people  throughout  the  nation,  or  by  representing  the 
'  thing  otherwise  than  it  is  in  itself. 

'•As  for  the  printed  paper  sometime  since  set  forth  by 
'the  creditors,  as  a  description  of  that  province;  we 
'  say  as  to  two  passages  in  it,  they  are  not  so  clearly  and 
'  safely  worded  as  ought  to  have  been ;  particularly,  in 
'  seeming  to  limit  the  winter  season  to  so  short  a  time  ; 
'  when  on  further  information,  we  hear  it  is  sometime 
'  longer  and  sometime  shorter  than  therein  expressed ; 
'  and  the  last  clause  relating  to  liberty  of  conscience, 
'  we  would  not  have  any  to  think,  that  it  is  promised  or 
'intended  to  maintain  the  liberty  of  the  exercise  of 
'  religion  by  force  and  arms ;  though  we  shall  never 
'  consent  to  any  the  least  violence  on  conscience ;  yet  it 
'was  never  designed  to  encourage  any  to  expect  by 
'force  of  arms  to  have  liberty  of  conscience  fenced 
'  against  invaders  thereof. 

'10. 


OF    NEW-JERSEY.  91 

i  10.  And  be  it  known  unto  you  all,  in  the  name  and  A.  D. 
'  fear  of  Almighty  God,  his  glory  and  honour,  power  1676' 
'  and  wisdom,  truth  and  kingdom,  is  dearer  to  us  than 
'  all  visible  things ;  and  as  our  eye  has  been  single,  and 
'  our  heart  sincere  to  the  living  God,  in  this  as  in  other 
'  things ;  so  we  desire  all  whom  it  may  concern,  that 
1  all  groundless  jealousies  may  be  judged  down  and 
'  watched  against,  and  that  all  extremes  may  be  avoided 
'  on  all  hands  by  the  power  of  the  Lord  ;  that  nothing 
'  which  hurts  or  grieves  the  holy  life  of  truth  in  any  that 
'  goes  or  stays,x  may  be  adhered  to ;  nor  any  provo- 
'  cations  given  to  break  precious  unity. 

'  This  am  I,  William  Penn,  moved  of  the  Lord, 
'to  write  unto  you,  lest  any  bring  a  temptation 
( upon  themselves  or  others ;  and  in  offending  the 
(  Lord,  slay  their  own  peace :  Blessed  are  they  that  can 
'  see,  and  behold  him  tlieir  leader,  their  orderer,  their 
1  conductor  and  preserver,  in  staying  or  going :  Whose  is 
'  the  earth  and  the  fullness  thereof,  and  the  cattle  upon  a 
'  thousand  hills.  And  as  we  formerly  writ,  we  cannot 
'  but  repeat  our  request  unto  you,  that  in  whomsoever 
'  a  desire  is  to  be  concerned  in  this  intended  plantation, 
'  such  would  weigh  the  thing  before  the  Lord,  and  not 
'  headily  or  rashly  conclude  on  any  such  remove ;  and 
'  that  they  do  not  offer  violence  to  the  tender  love  of 
'  their  near  kindred  and  relations ;  but  soberly  and  con- 
'  scientiously  endeavour  to  obtain  their  good  wills,  the 
'unity  of  friends  where  they  live;  tfiat  whether  they  go 
'  or  stay,  it  may  be  of  good  favour  before  the  Lord  (and 
'good  people)  from  whom  only  can  all  heavenly  and 
'  earthly  blessings  come.  This  we  thought  good  to  write 
'for  the  preventing  of  all  misunderstandings,  and  to 
'  declare  the  real  truth  of  the  matter ;  and  so  we  com- 
'  mend  you  all  to  the  Lord,  who  is  the  watchman  of 
'  his  Israel.  We  are  your  friends  and  brethren. 

WILLIAM  PENN, 

GAWEN  LAWRIE, 

NICHOLAS  LUCAS. 

CHAP. 


92 


THE    HISTOKY 


A.  D. 
1677. 


West- 
Jersey 
commis- 
sioners. 


CHAP.    VI. 

Arrival  of  more  settlers  to  West- Jersey  ;  their  difficulties; 
tfieir  purchases  from  the  Indians  ;  they  lay  out  a  town  ; 
some  of  their  first  sentiments  of  the  country,  and 
an  account  of  the  duke  of  York's  two  last  grants, 
being  for  the  provinces  East  and  West  New-Jersey ? 
separately. 

AMONG  other  purchasers  of  the  West- Jersey 
lands,  were  two  companies,  one  made  up  of 
some  friends  in  Yorkshire,^  (as  hinted  in  the  conces- 
sions) the  other  of  some  friends  in  London  ;  who  each 
contracted  for  considerable  shares,  for  which  they  had 
patents.  In  1677,  commissioners  (agreeable  to  expec- 
tation given)  were  sent  by  the  proprietors,  with  power 
to  buy  the  lands  of  the  natives ;  to  inspect  the  rights  of 
such  as  claimed  property,  and  to  order  the  lands  laid 
out ;  and  in  general  to  administer  the  government,  pur- 
suant to  the  concessions:  These  commissioners  were 
Thomas  Olive,  Daniel  Wills,  John  Kinsey,  John 
Penford,  Joseph  Helmsley,  Robert  Stacy,  Benjamin 

Scott, 

g.  Thomas  Hutchinson,  of  Beverley  in  the  county  of  York,  yeo- 
man ;  Thomas  Pierson,  of  Bonwicke  in  the  said  county,  yeoman  ; 
Joseph  Helmsly,  of  Great  Kelke  in  the  said  county,  yeoman  ;  George 
Hutchinson,  of  Sheffield  in  the  said  county,  dis'tifler,  and  Mali  Ion 
Stacy  of  Hansworth  in  the  said  county,  tanner,  were  ail  principal 
creditors  to  E.  Byllinge,  to  whom  several  of  the  other  creditors  made 
assignments  of  their  debts,  which  together  amounted  to  the  sum  of 
£.  2450,  sterling,  and  who  took  in  satisfaction  of  the  said  sum  seven 
full  equal  and  undivided  ninetieth  parts  of  ninety  equal  and  undi- 
vided hundred  parts  of  West- Jersey  ;  and  the  same  was  conveyed  to 
them,  their  heirs  and  assigns,  by  William  Penn,  Gawen  Liwrie, 
Nich.  Lucas  and  Ed.  Byllinge,  by  deed  bearing  date  the  first  of  the 
month  called  March,  1676:  And  by  another  conveyance  of  the  same 
date,  from  and  to  the  same  persons,  in  satisfaction  for  other  debts 
to  the  amount  of  £.  1050,  sterling,  three  other  full  equal  and  undi- 
vided ninetieth  parts  of  the  aforesaid  ninety  equal  and  undivided 
hundred  parts  of  West-Jersey  were  also  conveyed. 


OF    NEW -JERSEY.  93 

Scott,  Richard  Guy  and  Thomas  FoulkeA  They  A.  D. 
came  in  the  Kent,  Gregory  Marlow,  master,  being  the 
second  ship  from  London,  to  the  western  parts :  After 
a.  tedious  passage  they  arrived  at  New-Castle,  the  16th 
of  the  6th  month,  O.  S.  King  Charles  the  second,  in  his 
barge,  pleasuring  on  the  Thames,  came  along  side,  seeing 
a  great  many  passengers,  and  informed  whence  they  were 
bound,  asked  if  they  were  all  quakers,  and  gave  them  his 
blessing.  They  landed  their  passengers,  two  hundred 
and  thirty  in  number,  about  Rackoon  creek,  where  the 
Swedes  had  some  scattering  habitations ;  but  they  were 
too  numerous  to  be  all  provided  for  in  houses  ;  some 
were^obliged  to  lay  their  beds  and  furniture  in  cow  stalls, 
and  appartments  of  &at  sort;  among  other  incon- 
veniences to  which  this  exposed  them,  the  snakes  were 
now  plenty  enough  to  be  frequently  seen  upon  the 
hovels  under  which  they  sheltered :  Most  of  the  passen- 
gers in  this  ship  were  of  those  called  quakers;  some 
of  good  estates  in  England.  The  commissioners  had 
before  left  them,  and  were  by  this  time  got  to  a  place 
called  Chygoes1'-  Island,  (afterwards  Burlington)  their 
business  being  to  treat  with  the  Indians  about  the  land 
there,  and  to  regulate  the  settlements,  having  not  only 
the  proprietors  but  governor  Andros's  commission 
for  that  purpose;  for  in  their  passage  hither,  they  had 
first  dropped  anchor  at  Sandy-Hook,  while  the  com- 
missioners went  to  New- York  to  acquaint  him  with 
their  design ;  for  tho'  they  had  concluded  the  powers 
they  had  from  the  proprietors,  were  sufficient  to  their 
purpose ;  they  thought  it  a  proper  respect  to  the  duke 
of  York's  commission,  to  wait  on  his  governor  upon 
the  occasion;  he  treated  them  civily,  but  asked  them 

if 

h.  Richard  Guy  came  in  the  first  ship:  John  Kinsey,  died  at 
Shackamaxon  soon  after  hif  landing*:  his  remains  were  interr'd  at 
Burlington,  in  ground  appropriated  for  a  burying  ground,  but 
now  a  street. 

i.  From  Cfiygoe,  an  Indian  sachem,,  who  lived  there. 


94  T  H  E    H  I  S  T  O  R  Y 

A.  T).  if  they  had  anything  from  the  duke,  his  master  ?  they 
replied,  nothing  particularly;  but  that  he  had  con- 
veyed that  part  of  his  country  to  lord  Berkeley,  and  he 
to  By  Hinge,  <fec.  in  which  the  government  was  as 
much  conveyed,  as  the  soil :  The  governor  replied, 
all  that  will  not  clear  me  ;  if  I  should  surrender  without 
the  duke's  order,  it  is  as  much  as  my  head  is  worth  ; 
but  if  you  had  but  a  line  or  two  from  the  duke,  I  should 
be  as  ready  to  surrender  it  to  you,  as  you  would  be  to  ask 
it.  Upon  which  the  commissioners,  instead  of  excusing 
their  imprudence  in  not  bringing  such  an  order,  began 
to  insist  upon  their  right,  and  strenuously  to  assert  their 
independency :  But  Andros  clapping  his  hand  on  his 
sword,  told  them,  that  should  defend  the  government 
from  them,  till  he  received  orders  from  the  duke,  his 
master,  to  surrender  it ;  he  however  softened,  and  told 
them,  he  would  do  what  was  in  his  power,  to  make 
them  easy,  till  they  could  send  home  to  get  redress; 
and  in  order  thereto,  would  commissionate  the  same 
persons  mentioned  in  the  commission  they  produced,  k. 
This  they  accepted,  and  undertook  to  act  as  magistrates 
under  him,  till  further  orders  came  from  England,  and 
proceed  in  relation  to  their  land  affairs,  according  to 
the  methods  prescribed  by  the  proprietors. 

When  arrived  at  their  government,  they  applied  to 
the  Swedes  for  interpreters  between  them  and  the 
Indian  Indians:  Israel  Helmes,  Peter  Rambo,  and  Lacy 
Cock,  were  recommended :  By  their  help  they  made 
a  purchase  from  Timber  Creek  to  Rankokas  Creek, 
another  from  Oldman's  Creek  to  Timber  Creek :  After 
this  they  got  Henric  Jacobson  Falconbre,  to  be  their 
interpreter,  and  purchased  from  Rankokas  Creek  to 

Assunpinck : 

k.  John   Fenwick   having  neglected    this  precaution,  as  to  the 
government  of  his  tenth,  was  sent  for  a  prisoner  to  New- York. 


OP    NEW- JE11SEY.  95 

Assunpink  :*•   But  when  they  had  agreed  upon  this  last        A.JD. 
purchase,  they  had  not  Indian  goods  sufficient  to  pay 

the 

L  The  deed  for  the  lands  between  Rankokas  creek  and  Timber 
creek  bears  date  the  10th  of  September,  1677;  that  tor  the  lands 
from  Oldman's  creek  to  Timber  creek  the  27th  of  September, 
1677,  and  that  from  Rankokus  creek  to  Assunpink  the  \0th  of 
October,  1677:  By  the  consideration  paid  for  the  lands  between 
Old  mans  and  Timber  creek,  a  judgment  may  be  formed  of  the  rest. 
It  consisted  of  30  matchcoats,  20  guns,  30  kettles  and  one  great 
one,  30  pair  of  hose,  20  fathom  of  duffelds,  30  petticoats,  30 
narrow  hoes,  30  bars  of  lead,  15  small  barrels  of  powder,  70 
knives,  30  indian  axes,  70  combs,  60  pair  of  tobacco  tongs,  60 
scissars,  60  tinshaw  looking-glasses,  120  awl-blades,  120  fishhooks, 
"2  grasps  of  red  paint,  120  needles,  60  tobacco  boxes,  120  pipes, 
200  bells,  100  Jew^-harps,  6  anchors  of  rum.  In  the  year  1703, 
another  purchase  was  made  by  the  council  of  proprietors  of  West- 
Jersey,  of  land  lying  abofe  the  falls  of  Delaware;  another  also 
about  that  time  of  lands  at  the  head  of  Rankokas  river,  and  several 
purchases  afterwards  included  the  whole  of  the  lands  worth  taking 
up  in  West-Jersey,  except  a  few  plantations  reserved  to  the  Indians  ; 
one  of  these  in  particular  ought  to  be  noted  in  this  place,  to  the 
honour  of  John  Wills,  sometime  one  of  the  council,  by  whose  advice 
the  indian  sachem,  called  king  Charles,  laid  an  English  right  on  a 
large  plantation  at  Weekpink,  containing  a  valuable  tract  of  laud, 
in  the  county  of  Burlington,  which  is  so  contrived  as  to  remain 
unalienable  from  his  posterity,  who  now  enjoy  the  benefit  of  it. 

The  following  are  entries  from  the  records  of  the  council  of  pro- 
prietors relating  to  the  purchases  above. 

'At  a  meeting  of  the  council  of  proprietors  at  Burlington,  the 
'second  day  of  November,  anno  1703.  PHESENT:  George  Deacon, 
'president,  Samuel  Jennings,  Thomas  Gardner,  Christopher  We- 
'therill,  John  Reading.  ORDERED,  That  John  Wills,  William 
'Biddle,  jun.  and  John  Reading,  or  any  two  of  them,  do  go  up 
'to  the  Indians  above  the  Falls,  and  particularly  to  Caponockous, 
'in  order  to  have  the  tract  of  land  lately  purchased  of  the  Indians 
'  marked  forth,  and  get  them  to  sign  a  deed  for  the  same ;  as  also  to 
'receive  the  residue  of  the  goods  as  yet  unpaid,  or  so  many  of 
'them  that  can  be  had,  and  to  give  him  an  obligation  for  the  pay- 
'  inent  of  the  remaining  part  next  spring.  Ordered  likewise,  That 
'the  persons  abovesaid,  do  go  to  Nimharnmoe's  wig-warn,  in  order 
'to  treat  with  him,  to  see  the  bounds  of  the  land  lately  purchased 
'of  him,  to  mark  the  same  if  it  may  be,  and  to  pay  him  what  part 
'of  the  goods  is  already  procured  in  part  towards  the  said  purchase; 
'and  to  do  what  else  may  be  necessary  towards  perfecting  purchases 
'of  the  concerns  with  the  said  Indians,  and  compleating  of  the 
'aforesaid  ;  the  said  persons  also  taking  with  them  Thomas  Foulke, 
'Andrew  Heath,  or  some  other  proper  person,  to  be  an  interpreter 
'between  them  and  the  Indians.  'At 


96  THE    HISTORY 

A.  D.        the  consideration,  yet  gave  them  what  they   had,   to 
get  the  deed  signed ;    they  were   however  obliged  to 

agree 

'At  a  meeting  of  the  council  of  proprietors  at  Burlington,  on  the 
'27th  day  of  June,  anno  dom.  1703.  PRESKNT:  Mahlon  Stacy, 
'Thomas  Gardner,  John  Wills,  George  Deacon,  Christopher 
'Wetherill,  Samuel  Jennings  and  John  Reading.  The  persona 
'appointed  to  treat  with  the  Indians,  at  the  Falls,  do  make  report, 
'that  they  accordingly  met  with  the  Indians,  and  made  a  full  agree- 
'ment  with  them,  that  is  to  say,  with  Himhammoe,  for  one  tract  of 
'land,  adjoining  to  the  division  line,  and  lying  on  both  sides  of 
'  Rariton  River,  for  the  goods  mentioned  in  a  certain  list  for  that 
'purpose  made;  and  also  with  Coponnockou,  for  another  tract  of 
'land,  lying  between  the  purchase  made  by  Adlord  Boude,  and  the 
'bounds  of  the  land  belonging  to  Nimhammoe,  fronting  upon 
'Delaware  river,  for  the  goods  mentioned  in  a  particular  list  made 
'to  that  end.  Ordered,  That  publick  notice  be  given  to  the  pro- 
'prietors  within  this  province,  that  they  meet  together  at  Burling- 
'ton,  on  the  19th  day  of  July  next,  in  order  to  inform  them,  that  a 
'purchase  is  made,  upon  what  terms,  and  also  that  all  such  may 
'deposit  their  proportions  of  the  charge,  that  expect  to  receive 
'benefit  thereby  ;  which  paper  of  publication  is  in  these  word*. 

'  By  the  council  of  proprietors  sitting  in  Burlington,  the  28th, 
'  day  of  June,  anno  dom.  1703.  Whereas  many  of  the  proprietors 
'of  this  province  have  at  sundry  times  addressed  the  council  of.pro- 
'prietors,  that  they  might  be  allowed  a  third  dividend  or  taking  up 
'of  land,  proportionable  to  their  particular  and  respective  rights  in, 
'the  said  province:  Now  this  may  certify,  that  the  said  council  hav- 
'  ing  taken  into  their  consideration  the  request  of  the  said  proprietors, 
'and  in  order  to  answer  the  same,  have  lately  made  an  Indian  pur- 
' chase  of  lands  situate  above  the  falls  of  Delaware;  and  therefore 
'all  proprietors  who  are  concerned  therein,  or  expect  to  receive 
'benefit  thereby,  are  hereby  required  to  meet  with  the  said  council 
'at  Burlington,  on  the  nineteenth  day  of  July  next,  that  they  may 
'be  more  particularly  informed  concerning  the  said  purchase,  and 
'  upon  what  terms  and  conditions  it  is  made,  and  also  to  deposite  their 
'respective  proportions  of  the  said  purchase,  and  all  other  charge 
'  accruing  thereby.  Given  under  my  hand  per  order,  and  on  the 
'  behalf  of  the  said  council,  the  day  and  year  above  said. 

'  Upon  the  application  of  Mahamickwnn,  alias  king  Charles,  an  In- 
'dian  sachem,  unto  the  council  of  proprietors,  concerning  the  bounds 
'of  two  Indian  purchases,  formerly  made  from  Rankokas  creek  to 
'Timber  creek,  and  from  Rankokas  to  Assunpink,  in  which  deeds  is 
'mentioned  the  bounds  to  be  from  the  uppermost  head  of  Rankokas 
'to  the  uppermost  head  of  Timber  creek,  and  by  a  right  line 
'extending  from  the  uppermost  head  of  Kankokas  to  the  line  of 
'partition  of  sir  George  Carteret,  right  against  the  uppermost  head 
'of  Assunpink  ;  which  bounds  were  inserted  through  misunderstand- 
'  ing  between  the  interpreters  and  the  English,  and  in  truth  ought 

'to- 


OF    NEW-JERSEY.  9T 

agree  with  the  Indians  not  to  settle  till  the  remainder        A.  D. 
was  paid :   Having  travelled  through  the  country  and 

viewed 

'to  be  according  to  a  line  that  was  afterwards  actually  run  by 
'agreement,  made  between  the  EngHsh  and  the  Indians,  and  which 
'comes  lower  upon  the  creek  than  the  uppermost  heads  thereof; 
'which  said  line  the  said  king  Charles  desires  may  be  allowed, 
'  entered  and  recorded,  as  the  true  and  right  bounds  of  said  purchase 
'and  that  the  abovementioned  bounds  may  be  vacated  and  held 
'utterly  void  for  the  future,  to  which  the  council  assents:  informing 
'the  sachem,  that  they  always  did  and  now  do  acknowledge  and 
'own  the  last  mentioned  line  to  be  the  true  limits  of  those  purchases, 
'  and  order  the  same  as  actually  run  and  marked  by  the  English  and 
'Indians,  to  be  approved  and  held  only  for  the  true  line  of  the 
'abovementioned  purchases;  and  that  the  first  mentioned  and 
'mistaken  bounds  be  accounted  null  and  void;  and  also  that  a 
'  record  be  accordingly  made  thereof. 

'At  a  meeting  of  the  touncil  of  proprietors,  the  19th  of  July, 
'1703.  PKESENT:  Samuel  Jenings,  Thomas  Gardner,  George 
'  Deacon,  Christopher  Wetherill,  John  Hugg,  Isaac  Sharp,  and 
'John  Beading;  the  president  absent.  Memorandum,  to  inform 
'the  proprietors,  First,  that  the  council  have  made  two  Indian 
'purchases,  amounting  to,  according  to  our  best  computation,  the 
'number  of  150,000  acres  at  ihe  least,  the  cost  whereof  to  the 
'Indians,  with  other  incidental  charges,  will  amount  to  about  the 
'sum  of  <£.  700.  Secondly,  That  it  is  the  design  of  the  said  council, 
'  to  give  publick  notice  to  the  proprietors  in  England  and  elsewhere, 
'what  purchase  is  already  made,  of  the  opportunity  of  purchasing 
'more  land,  that  may  be  sufficient  to  allow  the  number  of  5000 
'  acres  for  each  dividend  to  a  propriety,  and  of  the  cost  thereof, 
'  which  by  as  near  an  estimation  as  we  can  make,  will  be  about  24  1. 
'propriety  for  each  dividend;  and  that  if  the  said  proprietors  will 
'  appoint  their  agents,  and  defray  their  proportionable  part  of  the 
'charges,  on  or  before  the  20th  day  of  July,  anno  dom.  1704,  that 
'  then  they  shall  receive  their  respective  rights,  after  the  same  method 
'that  the  rest  of  the  proprietors  do,  at  any  time  after  the  18th  of 
'October  8,  1704.  Thirdly:  But  if  the  said  absent  proprietors 
'shall  neglect  or  refuse  to  pay  their  parts  of  the  said  charge,  then 
'that  the  said  Indian  purchase  already  made,  shall  be  taken  up  by 
'such  proprietary  residents  in  these  parts,  that  shall  deposite  their 
'  respective  parts  of  the  said  purchase;  which  at  5000  for  the  divi- 
'dend  to  a  propriety,  will  amount  to  about  30  proprieties,  which 
'we judge  will  nearly  answer  all  the  proprietors  who  are  or  have 
'agents  in  these  parts.  Fourthly:  It  is  expected,  that  all  such  pro- 
'  prietors  who  design  to  be  interested  for  the  Indian  purchase,  do  in 
'some  short  time,  advance  their  particular  parts  of  the  said  costs,  in 
'  order  to  pay  the  Indians  off  according  to  agreement  made  with 
'  them.'  Jeremiah 

a 


98  THE    HISTORY 

A.  D.  viewed  the  land,  the  Yorkshire  commissioners,  Joseph 
Helmsley,  William  Emley  and  Robert  Stacy,  on 
behalf  of  the  first  purchasers,  chose  from  the  falls  of 
Delaware  down,  whicli  was  hence  called  the  first  tenth  ; 
the  London  commissioners,  John  Penford,  Thomas 
Olive,  Daniel  Wills,  and'  Benjamin  Scott,  on  behalf 
of  the  ten  London  proprietors,  chose  at  Arwaumus, 
(in  and  about  where  the  town  of  Gloucester  now  is)  this 
was  called  the  second  tenth  :  To  begin  a  settlement  there, 
Olive  sent  up  servants  to  cut  hay  for  cattle  he  had 
bought:  When  the  Yorkshire  commissioners  found 
the  others  were  like  to  settle  at  such  a  distance,  they 
told  them,  if  they  would  agree  to  fix  by  them,  they 
Burlington  would  join  in  settling  a  town,'"--  and  that  they  should 
have  the  largest  share,  in  consideration  that  they  (the 
Yorkshire  commissioners)  had  the  best  land  in  the 
woods:  Being  few,  and  the  Indians  numerous,  they 
agreed  to  it.  The  commissioners  employed  Noble, 
a  surveyor,  who  came  in  the  first  ship,  to  divide  the 
spot.  After  the  main  street  was  ascertained,  he 
divided  the  land  on  each  side  into  lots ;  the  eastern- 
most among  the  Yorkshire  proprietors,  the  other 
among  the  Londoners :  To  begin  a  settlement,  ten  lots 
of  nine  acres  each,  bounding  on  the  west,  were  laid  out ; 
that  done,  some  passengers  from  Wickaco,  chiefly 
those  concerned  in  the  Yorkshire  tenth,  arrived  the 
latter  end  of  October.  The  London  commissioners 
also  employed  Noble,  to  divide  the  part  of  the  island 
yet  unsurveyed,  between  the  ten  London  proprietors, 

in 

Jeremiah  Bass,  attorney  to  the  West-Jersey  Society,  made  a  purchase 
on  their  behalf,  in  1693,  of  the  lands  between  Cohansick  creek  and 
Morris's  river.  [Vid.  Revell's  book,  secretary's  office,  Burl.  p.  325.] 
Many  other  Indian  purchases  were  before  and  afterwards,  from  time 
to  time  occasionally  made,  as  the  lands  were  wanted,  in  both  East  and 
West  Jersey;  they  are  too  numerous  to  be  all  particularized;  and  one 
hereafter  mentioned,  compleated  the  whole  that  was  left. 

m.  In  pursuance  of  the  charter  brought  with  them  from  England. 


OF    NEW-JERSEY.  99 

in  the   manner   beforementioned  :     The  town   thus  by        A.  D. 

1  A*77 

mutual  consent  laid  out,  the  commissioners  gave  it  the 
name  first  of  New-Beverley,  then  Bridlington,  but  and  named, 
soon  changed  it  to  Burlington.  Some  of  the  masters 
of  families  that  came  in  the  ship  last  mentioned,  and 
settled  in  that  neighbourhood,  were  Thomas  Olive, 
Daniel  Wills,  William  Peachy,  William  Clayton, 
John  Crips,  Thomas  Eves,  Thomas  Harding,  Tho- 
mas Nositer,  Thomas  Fairnsworth,  Morgan  Drewet, 
Williapi  Pennton,  Henry  Jenings,  William  Hibes, 
Samuel  Lovett,  John  Woolston,  William  Wood- 
ma  ncy,  Christopher  Saunders,  and  Robert  Powell: 
John  Wilkinson  and  William  Perkins,  were  likewise 
with  their  families  passengers,  but  dying  on  the  voyage, 
the  latter  were  exposed  to  additional  hardships,  which 
were  however  moderated  by  the  care  of  their  fellow 
passengers  :  Perkins  was  early  in  life  convinced  of  the  W.Perkins. 
principles  of  those  called  Quakers,  and  lived  well  in 
1  Leicestershire ;  but  seeing  an  account  of  the  country  wrote 
by  Richard  Hartshorne,  and  forming  views  of  advan- 
tage to  his  family,  tho'  in  his  52d  year,  he,  with  his  wife, 
four  children  and  some  servants,  embarked  in  this  ship: 
Among  the  latter  was  one  Marshall,  a  carpenter,  par- 
ticularly serviceable  in  fitting  up  habitations  for  the 
new  comers;  but  it  being  late  in  the  fall  when  they 
arrived,  the  winter  was  much  spent  before  the  work 
was  begun ;  in  the  interim  they  lived  in  wigwams, 
built  after  the  manner  of  the  Indians.  Indian  corn 
and  venison,  supplied  by  the  Indians,  was  their  chief 
food  :  These  people  were  not  then  much  corrupted 
with  strong  liquors,  but  generally  very  friendly  and 
helpful  to  the  English;  notwithstanding  it  was  thought 
endeavours  had  been  used  to  make  them  otherwise,  by 
insinuations  that  the  English  sold  them  the  small-pox 

in 


100  THE    HISTORY 

A.  D.       in  their  matchcoats.™.    This  distemper  was  among  them, 
and  a  company  getting  together  to  consult  about  it,  one 

of 

n.  Thomas  Budd,  who  own'd  a  share  of  propriety  in  West- Jersey, 
and  ancestor  to  a  large  family  there,  who  arrived  at  Burlington  in 
1768,  in  a  pamphlet  describing  the  country,  about  nine  or  ten  years 
afterwards,  says,  '  The  Indians  told  us,  in  a  conference  at  Burlington, 
'shortly  after  we  came  into  the  country,  they  were  advised  to  make 
'  war  on  us,  and  cut  us  off' while  we  were  but  few;  for  that  we  sold 
'them  the  small  pox,  with  the  matchcoatthey  had  bought  of  us;  which 
'caused  our  people  to  be  in  fears  and  jealousies  concerning  them; 
'therefore  we  sent  for  the  Indian  kings  to  speak  with  them,  who  with 
'  many  more  Indians  came  to  Burlington,  where  we  had  a  conference 
'  with  them  about  the  matter ;  we  told  them  we  came  amongst  them  by 
'their  own  consent,  and  had  bought  the  land  of  them,  for  which  we 
'had  honestly  paid  them;  and  for  what  commodities  we  had  bought 
'at  any  time  of  them,  we  had  paid  them  for,  and  had  been  just  to 
'them,  and  had  been,  from  the  time  of  our  first  coining,  very 
'kind  and  respectful  to  them;  therefore  we  know  no  reason  that 
'they  had  to  make  war  on  us;  to  which  one  of  them,  in  behalf  of 
'the  rest,  made  this  following  speech  in  answer.  "Our  young 
"men  may  speak  such  words  as  we  do  not  like  nor  approve  of,  and 
"we  cannot  help  that;  and  some  of  your  young  men  may  speak 
"such  words  as  you  do  not  like,  and  you  cannot  help  that:  We 
"are  your  brothers,  and  intend  to  live  like  brothers  with  you;  we 
"have  no  mind  to  have  war;  for  when  we  have  war,  we  are  only 
"skin  and  bones,  the  meat  that  we  eat  doth  not  do  us  good;  we 
"always  are  in  lear,  we  have  not  the  benefit  of  the  sun  to  shine 
"on  us,  we  hide  us  in  holes  and  corners;  we  are  minded  to  live  at 
"  peace.  If  we  intend  at  any  time  to  make  war  upon  you,  we  will  let 
"you  know  of  it,  and  the  reasons  why  we  make  war  with  you  ;  and 
"if  you  make  us  satisfaction  for  the  injury  done  us,  for  which  the 
"  war  was  intended,  then  we  will  not  make  war  on  you  ;  and  if  you 
"intend  at  any  time  to  make  war  on  us,  we  would  have  you  let  us 
"  know  of  it,  and  the  reason ;  and  then  if  we  do  not  make  satis- 
faction for  the  injury  done  unto  you,  then  you  may  make  war  on 
"us,  otherwise  you  ought  not  to  do  it;  you  are  our  brothers,  and 
"we  are  willing  to  live  like  brothers  with  you;  we  are  willing  to 
"have  a  broad  path  for  you  and  us  to  walk  in,  and  if  Jin  Indian  is 
"asleep  in  this  path,  the  Englishman  shall  pass  by,  nnd  do  him  no 
"harm;  and  if  an  Englishman  is  asleep  in  this  path,  the  Indian 
"shall  pa^s  him  by,  and  say,  He  is  an  Engli-fthman,  he  is  asleep;  let 
"him  alone,  he  loves  to  sleep.  It  shall  be  a  plain  path;  there  must 
"not  be  in  this  path  a  stump  to  hurt  our  feet.  And  as  to  the  small 
"pox,  it  was  once  in  my  grandfathers  time,  and  it  could  not  be  the 
"English  that  could  send  it  to  us  then,  there  being  no  English  in 
"the  country:  And  it  was  once  in  my  father's  time,  they  could  not 
"send  it  us  then  neither ;  and  now  it  is  in  my  time,  I  do  not  believe 

"  that 


OF    NEW-JERSEY.  101 

rof  their  chiefs  said, — 'In  my  grandfather's  time  the        A.  D. 
*  small-pox  came:    In  my  father's  time  the  small-pox 

'came 

"that  they  have  sent  it  us  now;  I  do  believe  it  is  the  man  above 
"that  hath  sent  it  us." 

'Some  are  apt  to  ask,  how  we  can  propose  safely  to  live  amongst 
'such  a  heathen  people,  as  the  Indians,  whose  principles  and  prac- 
'tiees  leads  them  to  war  and  bloodshed,  and  ours  on  the  contrary, 
'to  love  enemies?  /  answer:  That  we  settled  by  the  Indians  con- 
'sent  and  irood  liking,  and  bought  the  land  of  them  that  we  settle 
'on;  which  they  conveyed  to  us  by  deeds,  under  their  hands 
'and  seals,  and  also  submitted  to  several  articles  of  agreement  with 
'  us,  viz.  not  to  do  us  any  injury:  But  if  it  should  so  happen,  that 
'any  of  their  people  at  any  time  should  injure  or  do  harm  lo  any 
'of  us,  then  thev  to  make  us  satisfaction  for  the  injury  done; 
'therefore  if  they  break  these  covenants  ?nd  agreements,  then  in  . 

'consequence  of  them,  tjjey  may  be  proceeded  against  as  other 
'offenders,  viz.  to  be  kept  in  subjection  to  the  magistrate's  power,  . 
'in  whose  hand  the  sword  of  justice  is  committed,  to  be  used  by 
'him  for  the  punishment  of  evil  doers,  and  praise  of  them  that  do 
'well ;  therefore  I  do  believe  it  to  be  both  lawful  and  expedient  to 
'bring  offenders  to  justice,  by  the  power  of  the  magistrate's  sword; 
'which  is  not  to  be  used  in  vain,  but  may  be  used  against  such  as 
'raise  rebellions  and  insurrections  against  the  government  of  the 
'country,  be  they  Christians  or  Indians  (now  that  these  have  so  far 
'agreed  to  abide  by  the  laws  of  civil  government)  otherwise  it  is  in 
'vain  for  us  to  pretend  to  magistracy  or  government  ;  it  being  that 
'  which  we  own  to  be  lawful  both  in  principle  and  practice. — The 
'Indians  have  been  very  serviceable  to  us  by  selling  us  venison,  Indian 
'corn,  pease  and  beans,  fish  and  fowl,  buck-skins,  beaver,  otter, 
'and  other  skins  and  furrs ;  the  men  hunt,  fish  and  fowl,  and 
'the  women  plant  the  corn  and  carry  burthens:  There  are  many 
'of  them  of  a  good  understanding,  considering  their  education, 
'and  in  their  publick  meetings  of  business,  they  have  excellent 
'order,  one  speaking  after  another;  and  while  one  is  speaking,  all 
'the  rest  keep  silent,  and  do  not  so  much  as  whisper  one  to  the  other: 
'  we  had  several  meetings  with  them  ;  one  was  in  order  to  put  down 
'the  sale  of  rum,  brandy,  and  other  strong  liquors,  to  them,  they 
'being  a  people  that  have  not  government  of  themselves  so  as  to 
'drink  in  moderation;  At  which  time  there  were  eight  kings  [One 
'oftlit'ui  writ  Ohnnirknn,  a  noted  friend  to  the  English;  of  whom 
'  limn'  iii  tin'.  \'\\\tli  chapter.]  and  many  other  Indians  The  kings  sat 
'on  a  form,  and  we  on  another  over  against  them;  they  had  pre- 
'  pared  four  belts  of  wampum,  (so  their  current  money  is  called,  being 
'{•lack  and  white  beads  made  of  a  fish-shell)  to  give  us  as  seals  of  the 
'covenant  they  made  with  us;  one  of  the  kings,  by  the  consent  and 
'appointment  of  the  rest,  stood  up  and  made  this  following  speech. 
"  The  strong  liquor  was  first  sold  to  ns  by  the  Dutch ;  and  they 


102  THE    HISTORY 

A.  D.  ( came ;  and  now  in  my  time  the  small-pox  is  come/ 
Then  stretching  his  hands  towards  the  skies,  said,  '  it 
'  came  from  thence/  To  this  the  rest  assented. 

Having  traced  this  ship's  company  into  winter 
quarters,  the  next  in  course  is  the  Willing  Mind,  John 
Newcomb  commander;  she  arrived  from  London,  in 
November,  and  dropt  anchor  at  Elsingburgh  ;  brought 
about  sixty  or  seventy  passengers:  Some  settled  at 
Salem,  others  at  Burlington ;  among  the  former 
were  James  Nevill,  Henry  Salter,  and  George  Deacon,, 
with  their  families.  In  this  year  also  arrived  the  Flie- 
Boat  Martha,  of  Burlington,  (Yorkshire)  sailed  from 
Hull  the  latter  end  of  summer,  with  one  hundred 
•and  fourteen  passengers,  designed  to  settle  the  York- 
shire tenth :  Some  masters  of  families  in  this  ship,, 
were  Thomas  Wright,  William  Goforth,  John 
Lynam,  Edward  Season,  William.  Black,  Richard 
Dungworth,  George  Miles,  William  Wood,  Thomas 
Schooley,  Richard  Harrison,  Thomas  Hooten,  Samuel 

Taylor 

"  were  blind,  they  had  no  eyes,  the,y  did  not  see  that  it  was  for  our 
"hurt:  The  next  people  that  came  among  us  were  the  Swedes, 
"who  continued  the  sale  of  those  strong  liquors  to  us;  they  were 
"also  blind,  they  had  no  eyes,  they  did  not  see  it  to  be  hurtful  to  us 
"to  drink  it,  although  we  know  it  to  be  hurtful  to  us;  but  if  people 
"will  sell  it  to  us,  we  are  so  in  love  with  it  that  we  cannot  forbear 
"it:  when  we  drink  it,  it  makes  us  mad,  we  do  not  know  what  we 
"do,  we  then  abuse  one  another,  we  throw  each  other  into  the  fire. 
"Seven  score  of  our  people  have  been  killed  by  reason  of  ihe 
"drinking  it,  since  the  time  it  was  first  sold  us:  Those  people  that 
"sell  it  are  blind,  they  have  no  eyes;  but  now  there  is  a  people 
"come  to  live  amongst  us,  that  have  eyes,  they  see  it  to  be  for  our 
"hurt,  and  we  know  it  to  be  for  our  hurt :  They  are  willing  to  deny 
"themselves  the  profit  of  it  for  our  good  :  These  people  have  eyes; 
"we  are  glad  such  a  people  are  come  amongst  us;  we  must  put  it 
•"down  by  mutual  consent;  the  cask  must  be  sealed  up;  it  must  be 
"made  fast,  it  must  not  leak  by  day  nor  by  night,  in  the  light  nor  in 
"the  dark;  and  we  give  you  these  four  belts  of  wampum,  which 
"we  would  have  you  lay  up  safe,  and  keep  by  you,  to  be  witnesses 
"of  this  agreement  that  we  make  with  you;  an-i  we  would  have 
"you  tell  your  children,  that  these  four  belts  of  wampum  are  given1 
"you  to  be  witnesses  betwixt  us  and  you  of  this  agreement." 


OF    NEW-  JERSEY.  103 

Taylor,  Marmaduke  Horsman,  William  Oxley,  A.  D. 
William  Ley,  and  Nathaniel  Luke;  the  families  of 
Robert  Stacy  and  Samuel  Odas  ;  and  Thomas  Ellis  and 
John  Batts,  servants,0-  sent  by  George  Hutch  in  son, 
also  came  in  this  ship.  Twenty  of  the  passengers, 
perhaps  more,  were  living  45  years  afterwards. 

In   one  of  these  ships,  or  about  this  time  however.    J°nn 

-FT-'  •  8ey>  three 

arrived  John  Kinsey,  then  a  young  man  ;  his  father  one  Of  that 

of  the  commissioners  aforementioned,  dying  on  his  name< 
arrival,  the  care  of  his  family  fell  to  him  ;  he  was 
afterwards  a  man  of  distinguished  services,'  in  several 
public  stations  ;  and  his  son  after  him,  of  the  same 
name,  the  late  chief  Justice  of  Pennsylvania,  must  be 
long  remembered  by  many  in  both  provinces. 

Having  landed  so  many  of  the  settlers,  it  may  not 
be  disagreable  to  know  some  of  their  first  sentiments 
of  the  country.  John  Crips  in  a  letter  to  Henry  Stacy, 
gives  the  following  account  of  it. 

'From  Burlington,  in  Delaware  river, 
'  the  26th  of  the  8th  mouth,  1677. 

'  Dear  Friend, 

1  Through  the  mercy  of  God,  we  are  safely  arrived  John 
'  at  Xew-Jersey  ;  my  wife  and  all  mine  are  very  well, 
'  and  we  have  our  healths  rather  better  here  than  we 
'  had  in  England  ;  indeed  the  country  is  so  good,  that 
1  1  do  not  see  how  it  can  reasonably  be  found  fault  with  : 
'  As  far  as  I  perceive,  all  the  things  we  heard  of  it  in 
'  England,  are  very  true  ;  and  I  wish  that  many 
'  people  (that  are  in  straits)  in  England,  were  here. 


o.  Many  that  carae  servants,  succeeded  better  than  some  that 
brought  estates;  the  first  inured  to  industry,  and  the  ways  of  the 
country,  became  wealthy,  while  the  others  obliged  to  spend  what 
they  had  in  the  difficulties  of  first  improvements;  and  others  living 
too  much  on  their  original  stock,  for  want  of  sufficient  care  to  im- 
prove their  estates,  have,  in  many  instances,  dwindled  to  indigency 
and  want. 


104  THEHISTORY 

A.  D.  *  Here  is  good  land  enough  lies  void,  would  serve 
'  many  thousands  of  families ;  and  we  think  if  they 
'  cannot  live  here,  they  can  hardly  live  in  any  place  in 
'  the  world ;  but  we  do  not  desire  to  persuade  any  to 
'come,  but  such  as  are  well  satisfied  in  their  own 
1  minds.  A  town  lot  is  laid  out  for  us  in  Burlington, 
'  which  is  a  convenient  place  for  trade ;  it  is  about  one 
'  hundred  and  fifty  miles  up  the  river  Delaware ;  the 
( country  and  air  seems  to  be  very  agreable  to  our  bodies, 
'  and  we  have  very  good  stomachs  to  our  victuals : 
'  Here  is  plenty  of  provision  in  the  country ;  plenty 
' of  fish  and  fowl,  and  good  venison  very  plentiful, 
'and  much  better  than  ours  in  England;  for  it  eats 
'  not  so  dry,  but  is  full  of  gravy,  like  fat  young 
'  beef.  You  that  come  after  us  need  not  fear  the 
'  trouble  that  we  have  had,  for  now  here  is  land  ready 
'  divided  against  you  come :  The  Indians  are  very 
( loving  to  us,  except  here  and  there  one,  when  they 
'  have  gotten  strong  liquors  in  their  heads,  which  they 
'  now  greatly  love :  But  for  the  country,  in  short,  I 
' like  it  very  well ;  and  I  do  believe,  that  this  river  of 
'Delaware  is  as  good  a  river  as  most  in  the  world: 
'  It  exceeds  the  river  of  Thames  by  many  degrees. 

'  Here  is  a  town  laid  out  for  twenty  properties,  and 
'  a  straight  line  drawn  from  the  river  side  up  the  land, 
'  which  is  to  be  the  main  street,  and  a  market  place 
'about  the  middle.  The  Yorkshire  ten  proprietors 
'  are  to  build  on  one  side,  and  the  London  ton  the  other 
'  side ;  and  they  have  ordered  one  street  to  be  made 
'along  the  river  side,  which  is  not  divided  with  the 
'rest,  but  in  small  lots  by  itself;  and  every  one  that 
'  hath  any  part  in  a  propriety,  is  to  have  his  share  in 
'  it.  The  town  lots  for  every  propriety  will  be  about 
'  ten  or  eleven  acres,  which  is  only  for  a  house, 
'  orchard  and  gardens ;  and  the  corn  and  pasture 
'  ground  is  to  be  laid  out  in  great  quantities. 

'  I  am  thy  loving  friend, 

JOHN  CRIPS. 

Thomas 


OF    NEW-JERSEY.  105 

Thomas  Hooten  to  his  wife,  dated  29th  8th  month,        A.  D. 
1677.  1677- 

'  My  dear* 

'  I  am  tliis  present  at  the  town  called  Burlington, 
'  where  our  land  is ;  it  is  ordered  to  be  a  town  for  the 
'  ten  Yorkshire  and  ten  London  proprietors.  I  like 
'  the  place  well ;  our  lot  is  the  second  next  the 
'  water  side :  It's  like  to  be  a  healthful  place,  and 
'  very  pleasant  to  live  in.  I  came  hither  yesterday, 
*  being  the  28th  of  October,  with  some  friends  that 
'  were  going  to  New- York.  I  am  to  be  at  Thomas 
'Olive's  house,  till  1  can  provide  better  for  myself:  I 
1  intend  to  build  a  house,  and  get  some  corn  into  the 
'ground:  And  I  know  not  how  to  write  concerning 
'thy  coming,  or  not  coming  hither;  the  place  I  like 
'very  well,  and  I  believe  that  we  may  live  here  very 
'  well :  But  if  it  be  not  made  free,  I  mean  as  to  the 
'customs  and  government,  P-  then  it  will  not  be  so 
'  well,  and  may  hinder  many  that  have  desires  to 
'  come :  But  if  those  two  things  be  cleared,  thou  may 
'take  thy  opportunity  of  coming  this  summer. 

THOMAS  HOOTON. 

William  Clark  to  the  proprietors. 

New-Jersey,  20th 
'  Dear  Friends,  .  2d  month,  1678.  1678. 

'  I  doubt  not  but  it  will  be  great  satisfaction  to  you, 
'  to  hear  of  mine  and  the  rest  of  friends  passage  to, 
'  and  safe  arrival  in  New- Jersey :  We  took  ship  the 
'  sixteenth  of  November,  and  made  the  land  of  New- 
'  Jersey  in  thirty-four  days.  Now  friends,  as  to  this 
'  country,  there  has  been  much  said  by  several  persons 
'  in  commendation  thereof,  both  as  to  the  increase  of 
'  all  sorts  of  grain  and  fruits ;  as  also  of  the  plenty 
'  of  fish,  fowl,  deer,  swine,  &c.  that  I  shall  not  need 
'  to  add  any  thing  to  it ;  but  in  short,  this  I  have  to 

'say 

p.  The  customs  were  tho*e  imposed  at  New-Castle,  upon  all 
oomi-rs  of  which  we  shall  presently  see  a  more  particular  account) 
Ihe government  was  y»-t  administered  by  virtue  of  governor  Andros's 
commission,  both  which  were  unexpected  and  disagreable:  but  these 
objections  were  soon  removed. 


106  THE    HISTORY 

A.  D.  *  say,  that  I  do  not  know  any  one  thing  to  fall  short 
1678.  t  Qf  what  was  reported  of  this  province,  but  that  more 
'  might  truly  have  been  said  of  its  pleasant  situation, 
(  wholesome  air,  and  general  and  great  increase  of  all 
'  things  planted,  and  especially  of  Indian  corn,  which  is 
'  a  very  good  and  serviceable  grain  many  ways ;  the 
'  English  wheat  and  barley  primely  good  ;  but  rie  and 
'  pease  much  better  than  any  I  ever  saw  in  England  or 
i  Ireland.  I  doubt  not  but  you  have  had  an  account 
'  of  all  other  matters  before  this  (by  those  who  came 
'  to  Jersey*  before  me)  comes  to  your  hands :  And  I 
(  have  no  other  end  in  this,  than  keeping  you  from  the 
'rash  censures  of  people  that  know  it  not;  as  also  for 

*  the  good  and  prosperity  of  this  good  county,  &c. 

Directed  for  William  Penn,  \   wTr  *•  r<T  t 

Gavven  Lawrie,  or  Edward  Byllinge.      j         ILKCAM  ^LARK. 

John  Crips  to  his  brother  and  sister. 

Burlington,  in  New-Jersey,  upon  the  river  Delaware, 
the  19th  of  4th  month,  called  June,  1678. 

1  Dear  and  loving  brother  and  sister. 
'  I  have  received  both  your  letters,  wherein  I  under- 
'  stand  your  faith  concerning  this  country,  is  much 
( shaken,  thro7  several  false  reports  given  thereof;  which 
f  may  be  proved  false  under  the  hands  of  several  good 
'  friends ;  I  hope  as  worthy  to  be  believed  as  that 
'  reporter;  and  such  as  have  had  more  experience  of 
'  this  place  than  he  had,  or  could  have,  in  so  short  a 
'  time ;  besides  he  came  among  us  shortly  after  our 
'  coming  hither,  when  things  were  not  settled  in  that 
'order  amongst  us,  as  now  they  are;  neither  indeed 
'  did  he  find  such  entertainment  from  some,  as  he  ex- 
'pected;  which  I  suppose  makes  him  speak  the  worst 
'  he  can  devise  of  this  place :  But  I  question  not  but 
'  this  report  will  in  a  short  time  be  wiped  away,  some 
'  of  which  in  my  knowledge,  is  grossly  untrue,  as 
'  well  as  contradictions  to  his  own  words ;  for  I  re- 
'  member  when  I  travelled  with  him  through  part  of 
'  New-Jersey,  he  confessed  that  much  of  this  land  was 
'  as  good  or  better  than  the  land  in  Rhode-Island : 

*  And  it's  really  my  judgment,  that  those  people  that 

6  cannot 


OF    NEW-JERSEY.  107 

'  cannot  be  contented  with  such  a  country,  and  such  land        A.  D. 
'  as  this  is.  they  are  not  worthy  to  come  here  :     And        1678> 

*  this  I  can  truly  tell  you,  if  I  were  now  in  Engfand 
'  with  you  (and  which  I  should  be  very  glad  to  see) 
'  yet  if  all  I  had  in   the  world  would  but  bring  me 
'  hither,    I    would   freely    leave   you   and    my    native 
'  country,   and    come    to    New- Jersey  again ;    which   I 
'  have  said  many  a  time  heretofore,  but  now  write  it 
'  under  my   hand,   and    it's   really   the   truth,  whether 
'  you  will  believe  it  or  not;  and  farther,  I  can  truly  tell 
'  you,  that  I  desire  not,  nor  dare  to  write  the  least 

*  untruth,  to  draw  you,  nor  any  others  to  this  place : 
'  But  I  am  resolved,  if  I  never  see  your  faces  more,  to 
'  leave  you  to  your  own   freedom.     But  I   hope   you 
'are  not  insensible  of  my  love  and   desires  for  you; 
'  tho'  I  am,  I  say,  Unstrained  to  forbear  persuading 

*  you,  or  any  one  else  against  their  own  freedoms ;  yet 
'  I   think   it  my  duty  to  let  you,  and  all   men   know 
'  the  truth  of  things  as  near  as   I  can.     Your  letter 
'  saith,  "  it's  reported  the  water  is  not  so  good  as  in 
"  England."     I   do  not  remember  that  ever  I  tasted 
'  better  water  in  any  part  of  England,  than  the  springs 
'  of  this  place  do  yield ;  of  which  is  made  very  good 
'  beer  and  ale ;  and  here  is  also  wine  and  cyder.     And 
'  whereas  your  letter  to  me  saith,  "  several   have  come 
"  back  from  this  country  to  England."     Two  or  three 

*  I  suppose :  there  are  lazy  idle  persons  that  have  done 
'  so ;   but  on  the  other  hand,  here  are  several  persons,. 
'  men  of  estates,  that  have  been  here,  and  have  gone 
'  back  to  England,  and  sold  their  estates  and  returned 
'  with    their    whole     families,     hither    again ;    which 
'  methinks  should  take  many  of  these  scruples  out  of 
1  the  way,  if  nothing  else  were  said  or  done  in  praise  of 
'tli is   country:      But   I   suppose   there   are   many   in 
'  England,  that  desire  to  hear  ill  of  this  place,  because 
'they  would  keep  their  friends  there  with   them;    and 
'they   think   we   never  write  enough  of  the  bad  pro- 
'  perties  of  the  country,  and  vermin  in   it.     Now  this 
'  I  may  say,  in  short,  that  here  are  bears,  wolves,  foxes, 
'  rattle  snakes,  and  several  other  creatures,  (I  do  believe 
'  because  I  see  the  Indians  have  such  skins  to  sell)  but 


108  THEHISTOEY 

A.JD.  <  I  have  travelled  several  hundreds  of  miles,  to  and 
( fro,  and  I  never  to  my  knowledge,  saw  one  of  those 
' creatures,  except  two  rattle  snakes,  and  I  killed  them 
'  both :  I  suppose  the  fear  of  those  creatures  in 
'  England,  is  far  worse  to  some  there,  than  the  hurt  of 
6  them  is  here ;  and  as  for  the  musketto  fly,  we  are  not 
'troubled  with  them  in  this  place;  our  land  for  the 
'  most  part,  lying  high  and  healthy,  and  they  for  the 
'  most  part,  are  in  a  low  boggy  ground.  Thomas 
' Budd  and  his  family  are  arrived ;  the  ship  lyeth 
'  before  this  town,  that  brought  them :  I  wish  you 
'have  not  cause  to  repent  that  you  came  not  along 
'  with  them ;  they  had  a  very  good  passage,  and  so  had 
'  the  London  ship ;  they  are  both  in  the  river  at  this 

*  time.     I  understand  by  Thomas  Budd,  that  he  did 
(  satisfy  you  as  near  as  he  could,  of  the  truth  of  things 

*  here ;  and  you  had  as  much  reason  to  believe  him,  as 
'that  other   person,  and   more  too;    for  Thomas   had 
'  far  more  experience  of  this  place,  than  he  could  have 
'  in  the  short  time  he  was  among  us ;  so  of  these  things 
'  I  shall  forbear  to  write  any  further  at  present. 

JOHN  CRIPS. 

'  To  the  truth  of  the  contents  of  these  things,  we 
'subscribe  our  names;  Daniel  Wills,  Thomas  Olive, 
'  Thomas  Harding,  Thomas  Budd,  AVilliam  Peachy. 

In  the  10th  month  O.  S.  1678,  arrived  the  Shield, 
The  ship  from  Hull,  Daniel  Towes  commander,  one  of  the 
ships  mentioned  in  the  above  letter,  and  dropped 
anchor  before  Burlington,  being  the  first  ship  that  came 
so  far  up  Delaware :  Against  Coaquanock?-  being  a  bold 
shore,  she  went  so  near  in  turning,  that  part  of  the  tack- 
ling struck  the  trees ;  some  on  board  then  remarked  it 
was  a  fine  spot  for  a  town  :  A.  fresh  gale  brought  her  to 
Burlington :  She  moor'd  to  a  tree,  and  the  next  morning 
the  people  came  ashore  on  the  Ice,  so  hard  had  the 
river  suddenly  frozen.  In  her  came  William  Emley, 

the 

q.  The  Indian  name  of  the  place  where  Philadelphia  now  stands. 


OF    NEW-JERSEY.  109 

the  second  time,  with  his  wife,  two  children,  one  A.  D. 
born  by  the  way,  two  men  and  two  women  servants ; 
Mahlon  Stacy,  his  wife,  children  and  several  servants, 
men  and  women ;  Thomas  Lambert,  his  wife,  children 
and  several  men  and  women  servants ;  John  Lambert 
and  servant;  Thomas  Revell,  his  wife,  children  and 
servants;  Godfrey  Hancock,  his  wife,  children  and 
servants;  Thomas  Potts,  his  wife  and  children;  John 
Wood  and  four  children ;  Thomas  Wood,  his  wife  and 
children;  Robert  Murfin,  his  wife  and  two  children;. 
Robert  Schooly,  his  wife  and  children ;  James  Pharo, 
his  wife  and  children;  Susannah  Fairnsworth,  her 
children  and  two  servants;  Richard  Tattersal,  his  wife 
and  children ;  Godfrey  Newbold,  John  Dewsbury^ 
Richard  Green,  Peter  Fretwell,  John  Fretwell,  John 
Newbold,  one  Barns,  a  merchant  from  Hull,  Francis 
Barwick,  George  Parks,  George  Hill,  John  Heyres,, 
and  several  more. 

In  this  year  also  arrived  a  ship  from  London,  which 
brought  John  Denn,  Thomas  Kent,  John  Hollins- 
head,  with  their  families ;  William  Hevvlings,  Abra- 
ham Hewlings,  Jonathan  Eldridge,  John  Petty,  Tho- 
mas Kirby,  with  others:  The  first  of  these  settled 
about  Salem,  the  rest  at  Burlington.  About  this 
time,  and  a  few  years  afterwards,  arrived  at  Burlington, 
the  following  settlers  from  England,  viz.  John  Butcher,, 
Henry  Grubb,  William  Butcher,  William  Brightwin, 
Thomas  Gardner,  John  Budd,  John  Bourten,  Seth 
Smith,  Walter  Pumphrey,  Thomas  Ellis,  James 
Satterthwaite,  Richard  Arnold,  John  Woolmun,  John 
Stacy,  Thomas  Kvrs,  Benjamin  Dufficld,  John  Payne, 
Samuel  Cleft,  William  Cooper,  John  Shinn,  William- 
Uilcs,  John  Skein,  John  Warrel,  Anthony  Morris, 
Samuel  Bunting,  Charles  Read,  Francis  Collins,  Tho- 
mas Mathews,  Christopher  Wetherill,,  John  Dewsbury, 
John  Day,  Richard  Btisnett,  John  Antroin,  William 

'  Biddle, 


110  THE    HISTORY 

A.  D.        Biddle,  Samuel  Furnace,  John  Ladd,  Thomas  Kaper, 
Roger  Hnggins  and  Thomas  Wood.  r- 

Some  hint  has  been  given  respecting  the  Dutch  con- 
quest of  New- York  and  Ne  w- Jersey, s-  and  that  in 
1673,  they  were  yielded  to  king  Charles  the  second,  by 
the  genera]  article  of  the  treaty  of  peace :  It  was  to 
prevent  any  disputes  that  might  arise  upon  a  plea  of  the 
property  being  thus  alienated  from  the  first  purchasers, 
that  that  king  did,  by  his  letters  patent  bearing  date 
the  29th  day  of  June,  1674,  grant  unto  the  duke  of 
York,  his  heirs  and  assigns,  the  several  tracts  of  land 

in 

r.  Several  of  these  have  died  within  a  few  years  past ;  whether  any 
but  Wood  are  yet  living,  cannot  here  be  told. 

s.  The  accounts  of  that  affair,  tho'  sufficient  to  authenticate  the 
facts,  are  defective :  Sir  George  Carteret  in  a  publick  declaration  to 
the  inhabitants,  dated  July  31,  1674,  asserts  it  positively.  The 
ingenious  author  of  the  history  of  New-York,  says,  (p.  29,  30,  31.) 
'A  few  Dutch  ships  arrived  the  30th  of  July  1673,  under  Staten- 

*  Island,  at  the  distance  of  a  few  miles  from  the  city  of  New-York. 
'John  Manning  a  captain  of  an  independent  company,  had  at  that 
'time  the  command  of  the  fort,  and  by  a  messenger  sent  down  to  the 
4 squadron,   treacherously  made  his   peace  with   the  enemy.     On 
'  that  very  day,  the  Dutch  ships  came  up,  moored  under  the  fort, 
'  landed  their  men,  and  entered  the  garrison,  without  giving  or 

*  receiving  a  shot.     A  council  of  war  was  afterwards  held  at  the 
^Stadt- House,  at  which  were  present,  Cornelius  Evertse,  jun.  and 
'Jacob  Benkes,  commodores,  and  Anthony  Colve,  Nicholas  Boes, 
'Abraham   Ferd.   Van   Zyll,  captains.      All   the   magistrates  and 
' constablt.s   from    East-Jersey,  Long  Island,  Esopus   and  Albany, 
'were  immediately  summoned  to  New-York;  and  the  major  part 
'of  them  swore  allegiance  to  the   States  General,  and  the  prince 
'of  Orange.      Col.   Lovelace  was  ordered  to  depart  the  province, 
4  but  afterwards  obtained  leave  to  return   to  England  with  commo- 
'dore  Benkes.      It  has  often  been  insisted  on,  that  this  conquest 
'did  not  extend  to  the  whole   province  of  New-Jersey;    but  upon 
' what  foundation  I  cannot  discover:    From   the  Dutch   records  it 
^appears,   that   deputies  were   sent    by  the   people   inhabiting   the 
'country,  even  so  far  westward  as  Delaware  river,  who  in  the  name 

''of  their  principals,    made  a  declaration  of  their  submi-sion  ;    in 
'return   for  which,  certain   privileges  were  granted  to  them,   and 

*  three  judicatories  erected  at  Niewer  Amslel,  Upland,  and  Hoarkill. 
' — The  Dutch  governor  enjoved  his  office  but  a  very  short  season, 
4  for   on   the  9th   of  February  1674,   the   treaty  of  peace  between 
"*  England  and  the  States  General  was  signed  at  Westminster;  the 
•'sixth  article  of  which  restored  this  country  to  the  English." 


OF    NEW- JERSEY.  Ill 

in  America,  which  by  the  former  letters  patent  had  A.  D. 
been  granted  to  him ;  of  which  New- Jersey  was  part. 
In  this  year,  upon  the  application  of  the  assigns  of 
lord  Berkely,  the  duke  made  them  a  new  grant  of  West 
New-Jersey ;  and  in  like  manner  by  an  instrument 
bearing  date  the  10th  of  October,  granted  the  eastern 
moiety  of  New-Jersey,  to  the  grandson  of  sir  George 
•Carteret. 


CHAP.     VII. 

Letters  from  some  «o/  the  settlers  of  West- Jersey: 
and  arguments  against  the  customs  imposed  at  iheHoar 
Kill  by  the  governor  of  New-  York. 

SOME  letters  from  the  first  settlers  of  West- Jersey, 
with  accounts  of  their  situation  and  sentiments  of 
the    country,    have    already    been    introduced ;     more 
might  be  added,  but  the  following  may  suffice  in  this 
place. 

Abstract  of  Mahlon  Stacy's  letter  to  his  brother 
Re  veil,  and  some  others,  dated  the  26th  of  the  4th 
month  1680.  1680. 

'  But  now  a  word  or  two  of  those  strange  reports  you 

*  have  of  us  and  our  country ;    I  affirm  they  are  not 
4  true,  and  fear  they  were  spoke  from  a  spirit  of  envy : 
4  It  is  a  country  that  produceth  all  things  for  the  support 
'and  sustenance  of  man,  in   a  plentiful  manner;  if  it 
'  were  not  so,   I  should  be  ashamed   of  what  I  have 
'  before  written;  but  I  can  stand,  having  truth  on  my 
<  side,   against  and    before   the    face    of  all    gainsayers 
'and   evil   spies:     I   have,  travelled    through    most  of 
'  the  places  that  are  settled,  and  some  that  are  not,  and 
'  in  every  place  I  find  the  country  very  apt  to  answer 
'  the  expectation  of  the  diligent:     I  have  seen  orchards 
Maden    with    fruit    to    admiration,    their    very    limbs 

*  torn  to  pieces  with  the  weight,  and  most  delicious  to 

<the 


112  THE    HISTORY 

A.  D.  <  the  taste,  and  lovely  to  behold ;  I  have  seen  an  apple 
'  tree  from  a  pippin  kernel,  yield  a  barrel  of  curious 
'  cyder ;  and  peaches  in  such  plenty,  that  some  people 
'  took  their  carts  a  peach-gathering ;  I  could  not  but 
'  smile  at  the  conceit  of  it :  They  are  a  very  delicate 
1  fruit,  and  hang  almost  like  our  onions  that  are  tied 
'  on  ropes :  I  have  seen  and  known  this  summer,  forty 
'  bushels  of  bold  wheat  of  one  bushel  sown  ;  and  many 
'  more  such  instances  I  could  bring ;  which  would  be 
' too  tedious  here  to  mention  :  We  have  from  the  time 
'called  May  until  Michaelmass,  great  store  of  very 
'  good  wild  fruits,  as  strawberries,  cranberries  and 
'  hurtleberries,  which  are  like  our  bilberries  in  England, 
'  but  far  sweeter ;  the}'  are  very  wholesome  fruits.  The 
'  cranberries  much  like  cherries  for  colour  and  bigness, 
'  which  may  be  kept  till  fruit  come  in  again  ;  an  excel- 
'  lent  sauce  is  made  of  them  for  venison,  turkeys,  and 
(  other  great  fowl,  and  they  are  better  to  make  tarts 
'than  either  goosberries  or  cherries;  we  have  them 
'  brought  to  our  houses  by  the  Indians  in  great  plenty. 
(  My  brother  Robert  had  as  many  cherries  this  year  as 
'  would  have  loaded  several  carts  :  It  is  my  judgment 
'  by  what  I  have  observed,  that  fruit  trees  in  this 
'  country  destroy  themselves  by  the  very  weight  of  their 
'  fruit :  As  for  venison  and  fowls,  we  have  great  plen- 
'  ty :  We  have  brought  home  to  our  houses  by  the 
'  Indians,  seven  or  eight  fat  bucks  of  a  day ;  and  some 
1  times  put  by  as  many ;  having  no  occasion  for  them ; 
'  and  fish  in  their  season  very  plenteous  :  My  cousin 
e  Revell  and  I,  with  some  of  my  men,  went  last  third 
1  month  into  the  river  to  catch  herrings ;  for  at  that 
'  time  they  came  in  great  shoals  into  the  shallows  ;  we 
'  had  neither  rod  nor  net ;  but  after  the  Indian  fashion 
(  made  a  round  pinfold,  about  two  yards  over,  and  a 
'  foot  high,  but  left  a  gap  for  the  fish  to  go  in  at,  and 
'  made  a  bush  to  lay  in  the  gap  to  keep  the  fish  in ;  and 
'  when  that  was  done,  we  took  two  long  birches  and 
'tied  their  tops  together,  and  went  about  a  stone's  cast 
'  above  our  said  pinfold ;  then  hawling  these  birche's 
'  boughs  down  the  stream,  where  we  drove  thousands 

before 


OF    NEW- JERSEY.  113 

'before  us,  but  so  many  got  into  our  trap  as  it  would        A.  D. 
'hold,  and   then  we   l>rgan   to  hawl   them   on   shore   as  80* 

'  i'a-t  as  three  or  four  of  us  could,  by  two  or  three  at  a 

*  time  ;    and   alter  this    manner,   in    half   an   hour,    we 

*  could  have  filled  a  three  bushel  sack  of  as  good  and 
'  large  herrings  as  ever  I  saw;  and  as  to  beef  and  pork, 
'  he iv.  is  great   plenty  of  it,  and  cheap;    and  also  good 
'sheep:  The  common  grass  of  this  country  feeds  beef 
'very  fat:  I  have  killed  two  this  year,  and  therefore  I 
'  have  reason  to  know  it;   besides  1  have  seen  this  fall, 
'  in  Burlington,  killed  eight  or  nine  fat  oxen  and  cows 
'  on  a  market  day,  and  all   very  fat :    And  though  I 
'  speak   of  herrings   only,  lest   any   should    think    we 
'  have  little  other  sorts,  we  have  great  plenty  of  most 
'  sorts   of  fish    that  ever  I  saw  in   England ;    besides 
'  several  other  sorts  that  are  not  known  there ;  as  rocks, 
'cat-fish,   shads,   sleeps-heads,   sturgeons;    and.  fowls 
'  plenty ;     as    ducks,    geese,    turkies,    pheasants,    par- 
'  tridges,  and  many  other  sorts  that  I  cannot  remember, 
'  and  would  be  too  tedious  to  mention.      Indeed  the 
'  country,  take  it  as  a  wilderness,  is  a  brave  country, 
'  though  no  place*  will  please  all.    But  some  will  be  ready 
'  to  say,  he  writes  of  conveniences,  but  not  of  incou- 
'  veniencies :    In  answer  to   those,   I  honestly  declare, 
'  there  is  some  barren  land,  as  (I  suppose)  there  is  in 
'  most  places  of  the  world,  and  more  wood  than  some 
'  would  have  upon  their  lands;  neither  will  the  country 
'  produce  corn  without  labour,  nor  cattle  be  got  with- 
'  out  something  to  buy  them,  nor  bread  with  idleness; 
'  else  it  would  be  a  brave  country  indeed :   And  I  que- 
'stion  not,  but  all  then  would  give  it  a  good  word;  for 
'  my  part  I  like  it  so  well,  I  never  had  the  least  thought 
'  of  returning  to  Englandr  except  on  the  account  of 
'trade.  MAHLON  STACY/ 

In  a  letter  to  William  Cook  of  Sheffield,  and  others, 
Stacy  wrote  thus :  M.  Stacy. 

'  This  is  a  most  brave  place ;  whatever  envy  or  evil 
'spies  may  speak  of  it,  I  could  wish  you  all  here; 
'  Burlington  will  be  a  place  of  trade  quickly ;  for  here 

H  'is 


114  THE    HISTORY 


''  '  *S  Wa^  ^°r  tra(*e  :  ^  W1'fck  e^^lt  more>  ^ast  winter, 
'  bought  a  good  ketch  of  fifty  tons,  freighted  her  out  at 
'  our  own  charge,  and  sent  her  to  Barbados,  and  so  to  sail 
'  to  Saltertugas,  to  take  in  part  of  her  lading  in  salt,  and 
'  the  rest  in  Barbados  goods  as  she  came  back  ;  which 
'said  voyage  she  hath  accomplished  very  well,  and 
'  now  rides  before  Burlington,  discharging  her  lading, 
€  and  so  to  go  to  the  West-Indies  again  ;  and  we  intend 
'to  freight  her  out  with  our  own  corn.  We  have 

<  wanted  nothing  since  we  came  hither,  but  the  com- 

*  pany  of  our  good   friends  and  acquaintance  ;    all  our 
'  people  are  very  well,  and  in  a  hopeful  way  to  live 
'  much  better  than  ever  they  did  ;   and  not  only  so,  but 

*  to  provide   well   for  their  posterity  :    They  improve 

*  their  lands  and  have  good  crops  ;  and  if  our  friends 

<  and  countrymen  come,  they  will  find  better  reception 

<  than  we  had  by  far  at  first,  before  the  country  was 

*  settled  as   now  it  is.      I  know  not  one  among  the 

*  people,  that  desires  to  be  in  England  again  ;    I  mean 

*  since  settled  :  I  wonder  at  our  Yorkshire  people,  that 

*  they  had  rather  live  in  servitude,  and  work  hard  all  the 

<  year,  and  not  be  three  pence  the  better  at  the  year's 

<  end,  than  stir  out  of  the  chimney  corner  and  transport 
'  themselves  to  a  place  where,  with  the  like  pains,  in 
'  two  or  three  years,  they  might  know  better  things. 

(  I  never  repented  my  coming  hither,  nor  yet  remem- 
'  bred  thy  arguments  and  out-cry  against  New-Jersey 

*  with  regret.      I  live  as  well  to  my  content,  and  in  as 
'  great  plenty  as  ever  I  did,  and  in  a  far  more  likely 

*  way  to  get  an  estate.     Tho?  I  hear  some  have  thought 

*  I  was  too  large  in  my  former,  I  affirm  it  to  be  true  ; 
'  having  seen  more  with  mine  eyes  in  this  time  since, 
'  than  ever  yet  I  wrote  of.<-  MAHLON  STACY. 

'From  the  Falls  of  Delaware,  in  West-New- 
4  Jersey,  the  26th  of  the  4th  month,  1680.'  Abstract 

t.  The  inhabitants  of  West-Jersey,  had  hitherto  either  pounded 
their  corn  or  ground  it  with  hand  mills;  but  about  this  time  Olive 
had  built  his  water  mill  on  his  plantation,  nigh  Rankokas  creek; 
and  in  this  year  Stacy  finished  his  mill  at  Trenton  :  This  last  having 
been  rebuilt,  continues  good  :  These  two  were  the  only  mills  that 
ground  for  the  country  several  of  the  first  years  after  their  arrival. 


W -JERSEY.  115 

Abstract  of  a  letter  from  Daniel  Wills  to  William        A.  D. 
Biddle,  in  Bishop's-gate-Street,  London."- 
'  Dear  friend, 

'•Let  every  man  write  according  to  his  judgment, 
'and  this  is  mine  concerning  this  county;  1  do  really  I)- 
*  believe  it  to  be  as  good  a  country  as  any  man  need  to 
'dwell  in;  and  it  is  much  better  than  I  expected 
'  every  way  for  land  I  will  assure  thee ;  here  is  as  good 
'  by  the  judgment  of  men,  as  any  in  England ;  and 
'  for  my  part  I  like  the  country  so  well,  and  it  is  so 
'  pleasant  to  me,  that  if  I  had  a  good  estate  in  land  in 
1  Knu'land,  I  should  not  come  to  live  upon  it ;  for 
'  through  industry  here  will  be  all  things  produced  that 
'are  necessary  for  a  family  as  in  England,  and  far  more 
'oa-y,  1  am  satisfied:  When  I  am  walking  alone, 
i  the  sense  of  the  Lord's  good  dealings  is  brought 
UK.?;  I  cannot* but  admire  him  for  his  mercies, 
'  and  often  in  secret  bless  his  name,  that  ever  he 
'  turn'd  my  face  hither  ward,  and  gave  me  confidence 
'  in  himself,  and  boldness  by  faith,  to  oppose  all 
'  <rainsayers  ;  though  never  so  strong  :  Although  then 
'  1  could  not  say,  it  seemed  so  clear  to  leave  the  land  of 
'  my  nativity,  yet  now  it  is  to  me  a  certainty,  that  my 
'  removal  was  right,  and  in  what  I  did,  I  had  peace ; 
'and  in  all  my  exercises  by  sea  and  land,  I  never  felt 
'  the  least  matter  in  me,  as  to  desire  I  had  not  come 
'forward,  but  rather  rejoiced  in  the  midst  of  all. 
'  Though  my  removal  was  not  ordinary,  because  of 
'  the  largeness  of  my  family,  yet  blessed  be  God,  all  is 
'well  to  our  content;  if  thou  heeds  every  objection,  it 
'  will  be  work  enough:  My  resolutions  were,  and  my 
'  s-i villas  to  several  opposers,  that  I  would  come;  if 
'(iod  hindred  me  not,  no  man  should.  I  have  writ 
'  i"  -John  Mnlliner  and  Edward  Cooper  largely,  con- 
i-ing  the  country,  and  refer  to  that  letter/  Now 
'  my  near  and  ancient  acquaintance,  William  and 
'  Sarah  Diddle,  my  love  you  may  feel  beyond  expres- 

'  sion ; 

i/.  William  and  Sarah  Biddle,  with  their  family,  removed  for 
\Wst-.Jersey,  in  the  summer,  1681. 


116  THE    HISTORY 

A.  D.        e  sion ;  and  if  you  have  clearness  to  come  to  New- Jersey,. 

1680.  ( jet  nothing  hinder ;  but  if  you  .  have  a  stop  within 
'  yourselves,  let  not  any  thing  farther  you  until  the  way 
'  clears  to  your  full  satisfaction.  In  this  advice  I  deny 
(  myself;  if  I  might  I  would  forward  you  to  the  utmost, 
(  but  I  dare  not ;  if  a  man  cannot  live  here,  I  believe 
(  he  can  hardly  live  in  any  place  in  the  world ;  the  place 
'  being,  as  I  thought,  set  before  me,  by  him  who  gives 
1  length  of  days ;  I  will  wait  his  good  pleasure,  and  see 
'  what  he  will  afford  me  in  it.  The  last  ship  that  came 
'  to  New- York,  brought  several  passengers,  some  of 
' which  came  to  see  this  country,  and  liked  it  well; 
( so  dear  friends,  you  may  stand  against  all  opposers 
'  concerning  the  land,  for  it  is  good. 

Burlington,-  6th  of  llth  DANIEL   WlLLS/ 

month,  1679-80. 

• 

Though  the  passengers  who  had  already  come  to 
West-Jersey,  were  well  satisfied  with  the  country, 
things  in  general  answering  beyond  their  expectation ; 
yet  they  were  under  one  great  inconveniency.  We  have 
seen,  that  the  governor  of  New- York,  had  very  early 
imposed  ten  per  cent,  on  all  goods  imported  at  the  Hoar 
Kill ;  and  on  exports,  something  in  kind  still  subsisted ; 
Five  per  cent  being  demanded  of  the  settlers  at  arrival, 
or  afterwards,  at  the  officer's  pleasure;  and  that  not 
according  to  the  neat  cost  of  the  goods,  but  upon  the 
foot  of  the  invoice,  as  shipped  in  England :  This  was 
evidently  an  arbitrary  act ;  neither  West- Jersey  nor  the 
Hoarkill  was  legally  under  their  jurisdiction  ;  the  settlers 
from  the  first  complained  of  the  hardship,  but  bore  it  with 
tolerable  patience,  till  about  1 680 ;  when  they  had  it  re- 
dressed by  the  interposition  of  their  friends  in  England, 
who  applying  to  the  duke  of  York,  he  referred  the  matter 
to  council ;  there  it  rested  for  a  considerable  time ;  but  at 
last,  by  the  diligence  of  W.  Penn,  Geo.  Hutchinson,  and 
others,  was  reported  in  their  favour :  Sir  John  Werden, 
on  the  duke's  behalf,  wrote  to  have  it  discontinued. 

The 


OF    NEW-JERSEY.  117 

The  arguments  used  against  this  duty  or  impost,  may        A.  D. 
be  seen  by  the  following. 

4  To  those  of  the  duke's  commissioners,  whom  he  has 
1  ordered  to  hear,  and  make  report  to  him,  con- 
'  cerning  the  customs  demanded  in  New  West-Jer- 
'  sey,  in  America,  by  his  governor  of  New- York. 
'  1st.  The  king  has  granted  to  the  duke  of  York, 
'a  tract  of  land  in  America,  consisting  of  several 
'Indian  countries,  with  such  powers  and  authorities  customs  at 
'  as  are  requisite  to  make  laws,  and  to  govern  and  ^}e  Hoar- 
'preserve  the  territory  when  planted:  But  with  this  kllls< 
'  restriction  twice  expressed,  and  several  times  referred 
4  to,  viz.  So  always  as  the  said  statutes,  ordinances, 
'  and  proceedings,  be  not  contrary,  but  as  near  as  may  be, 
i  (ff/m-abfe  to  the  Iaw9,  statutes,  and  government  of  this 
(  our  realm  of  England.  In  another  place  thus;  And 
4furtherj  it  may  be  lawful  for  our  dearest  brother,  his 
1  lull's  and  assigns,  by  these  presents,  to  make,  ordain, 
1  < i  nd  establish  all  manner  of  orders,  laws,  directions, 
'  instruments,  and  forms  of  government,  and  magistrates 
'ft  and  necessary  for  the  territory  aforesaid :  But  still 
'  with  this  limitation ;  so  always  as  the  same  be  not 
'  contrary  to  the  laics  and  statutes  of  this  our  realm  of 
'  England,  but  as  near  as  may  be  agreeable  thereto. 

'2.  The  duke  of  York,  by  virtue  of  this  grant 
'  from  the  king  to  him,  for  a  competent  sum  of 
'  money,  (paid  by  the  lord  John  Berkely  and  sir  George 
Marteret)  granted  and  sold  to  them,  a  tract  of  land, 
'called  now  by  the  name  of  New-Cesarea,  or  New- 
'. Jersey;  and  that  in  as  ample  manner  as  it  was 
'  granted  by  the  king  to  the  duke. 

4  Tims  then  we  come  to  buy  that  moiety  which 
'belonging  to  lord  Berkeley,  for  a  valuable  considera- 
'  tion  ;  and  in  the  conveyance  he  made  us,  powers  of 
'"•'•vrriiment  are  expressly  granted;  for  that  only 
'could  have  induced  us  to  buy  it;  and  the  reason  is 
'  plain,  because  to  all  prudent  men,  the  government 
*  of  any  place  is  more  inviting  than  the  soil;  for  what 
4  is  good  land  without  good  laws;  the  better  the  worse: 

'And 


118  THE    HISTORY 

A.  D.  <  And  if  we  could  not  assure  people  of  an  easy  and 
1680.  'free,  and  safe  government',  both  with  respect  to 
'  their  spiritual  and  worldly  property ;  that  is,  an  un- 
' interrupted  liberty  of  conscience,  and  an  inviolable 
'possession  of  their  civil  rights  and  freedoms,  by  a 
'just  and  wise  government, — a  meer  wilderness  woukl 
'  be  no  encouragement ;  for  it  were  a  madness  to  leave 
'a  free,  good  and  improved  country,  to  plant  in  a 
'  wilderness ;  and  there  adventure  many  thousands  of 
'  pounds,  to  give  an  absolute  title  to  another  person 
( to  tax  us  at  will  and  pleasure  :  This  single  considera- 
'  tion,  we  hope,  will  excuse  our  desire  of  the  govern- 
(  ment ;  not  asserted  for  the  sake  of  power  but  safety ; 
'  and  that  not  only  for  ourselves,  but  others ;  that  the 
'plantation  might  be  encouraged. 

'  3.  The  lord  Berkeley  and  sir  George  Carteret,  con- 
'  sidering  how  much  freedom  invites,  that  they  might 
'encourage  people  to  transport  themselves  into  those 
'parts,  made  and  divulged  certain  concessions,  con- 
'  taining  a  model  of  government :  Upon  these  several 
'  went,  and  are  there  planted ;  the  country  was  thus 
'possessed,  and  the  said  government  uninterruptedly 
'  administered  by  the  said  lord  Berkely  and  sir  George 
'  Carteret,  or  their  deputy,  for  several  years ;  during 
'  which  time  no  custom  was  demanded. 

'  4.  We  dealt  with  the  said  lord  Berkeley,  upon  the 
'sight  of  these  concessions,  and  the  presumption  that 
'neither  he  nor  sir  George  Carteret,  would  attempt 
*  to  act  any  thing  they  had  not  power  to  do;  miych 
'  less,  that  they  or  either  of  them,  would  pretend  to  sell 
'  a  power  they  never  had ;  since  that  would  not  only  be 
'  a  cheat  to  the  people  that  dealt  with  them  for  it,  but 
'  an  high  affront  to  the  duke. 

'  5.  The  moiety  of  New-Csesarea,  or  New-Jersey,. 
'  thus  bought  of  the  said  lord  Berkeley,  we  dispose  of 
'part  of  our  interest  to  several  hundreds  of  people, 
'honest  and  industrious;  these  transport  themselves,. 
'  and  with  them  such'houshold  stuff  and  tools,  as  are 
'  requisite  for  planters  to  have :  They  land  at  Delaware 
'bay,  the  bounds  of  the  country  we  bought;  the 


OF    NEW-JERSEY.  119 

'  passage  God  and  nature  made  to  it ;  at  their  arrival  A.  D. 
'  they  are  saluted  with  a  demand  of  custom,  of  five 
'  per  cent,  and  that  not  as  the  goods  may  be  there 
'  worth,  Imt  according  to  the  invoice  as  they  cost 
'  before,  shipp'd  in  England;  nor  did  they  take  them  as 
•'  they  < -111110,  but  at  pick  and  chose,  with  some  severe 
'language  to  boot.  This  is  our  grievance;  and  for 
'this  we  made  our  application  to  have  speedy  redress, 
'  not  as  a  burden  only,  with  respect  to  the  quantum  or 
'  the  way  of  levying  it,  or  any  circumstances  made 
'  hard  by  the  irregularity  of  the  officers,  but  as  a  wrong; 
'  for  we  complain  of  a  wrong  done  us ;  and  ask  yet 
'with  modesty,  quo  jure?  Tell  us  the  title  by  what 
'  right  or  law  are  we  thus  used ;  that  may  a  little  miti- 
t  gate  our  pain? — Your  answer  hitherto  hath  been  this, 
'*  That  it  was  a  conquered  country  ;  and  that  the  king, 
"  being  the  conqueror,  he  has  power  to  make  laws, 
"  raise  money,  &c.  and  that  this  power  jure  regale,  the 
"  king  hath  vested  in  the  duke,  and  by  that  right  and 
"  sovereignty,  the  duke  demands  that  custom  we  com- 
"  plain  of."  '  But  suppose  the  king  were  an  absolute 
'  conqueror  in  the  case  depending,  doth  his  power 
'  extend  equally  over  his  own  English  people,  as  over 
'  the  conquered  ?  Are  not  they  some  of  the  letters  that 
'make  up  the  word  conqueror?  Did  Alexander  con- 
'quer  alone,  or  Caesar  beat  by  himself?  No.  Shall 
'  their  armies  of  countrymen  and  natives  lie  at  the  same 
'  mercy  as  the  vanquished,  and  be  exposed  to  the  same 
i  will  and  power  with  their  captive  enemies  ?  The  Nor- 
'  man  duke,  more  a  conqueror  of  England,  by  his 
'  subjection  to  our  laws,  and  pretence  to  a  title  by  them, 
1  than  of  heraldry  by  his  arms,  used  not  the  compa- 
'  nions  of  his  victory  so  ill :  Natural  right  and  humane 
'prudence,  oppose  such  doctrine  all  the  world  over; 
'  for  what  is  it  but  to  say,  that  people  free  by  law  under 
4  their  prince  at  home,  are  at  his  mercy  in  the  plan- 
tations abroad;  and  why?  because  he  is  a  conqueror 
'  there,  but  still  at  the  hazard  of  the  lives  of  his  own 
'  pe..pl<«,  and  at  the  cost  and  charge  of  the  publick: 
'  We  could  say  more,  but  choose  to  let  it  drop.  But 

'our 


120  THE    HISTORY 

A.  D.  <  our  case  is  better  yet ;  for  the  kings  grant  to  the  duke 
80'  '  of  York,  is  plainly  restrictive  to  the  laws  and  govern- 
' ment  of  England,  and  that  more  than  once,  as  is 
'  before  expressed.  Now  the  constitution  and  govern- 
( ment  of  England, ;  as  we  humbly  conceive,  are  so 
'far  from  countenancing  any  such  authority,  as  it  is 
'  made  a  fundamental  in  our  constitution  and  govern- 

*  ment,  that  the  king  of  England  cannot  justly  take  his 
( subjects  goods  without  their  consent :     This  needs  no 
€  more  to  be  proved,  than  a  principle ;    'tis  jus  indigene, 
'  an  home-born   right,   declared  to   be  law  by  diverse 
'  statutes ;   as  in  the  great  charter,  ch.  29,  and  34  Ed. 
'  3,  ch.  2  ;  again,  25  Ed.  ch.  7.     Upon  this  were  many 
'  of  the  parliament's  complaints  grounded ;    but  parti- 
'  cularly  that  of  the  same  king's  reign,  as  is  delivered  by 

'  Mat.  Westminster,   in  these  words  :  x- To 

'  give  up  this  (the  power  of  making  laws)  is  to  change 

*  the  government,  to  sell,  or  rather  resign  ourselves  to 
'  the  will  of  another ;  and  that  for  nothing  :    For  under 
6  favour  we  buy  nothing  of  the  duke,  if  not  the  right 
'  of  an  undisturbed  colonizing,  and  that  as  Englishmen 
(  with  no  diminution,  but  expectation   of  some  increase 
'  of  those  freedoms  and  privileges  enjoyed  in  our  own 
'  country  :  for  the  soil  is  none  of  his,  'tis  the  natives,  by 
'  the  Jus  gentium,  by  the  law  of  nations  ;  and  it  would 
'  be  an  ill  argument  to  convert  to  Christianity,  to  expel 
( instead   of  purchasing  them  out  of  those  countries : 
'  If  then  the  country  be  theirs,  it  is  not  the  duke's ; 
'  he  cannot  sell   it ;    then  what  have  we  bought  ?     We 
'are  not  unanswered  in  this  point,  and  desire  you  to 
'do  it  with  all  due  regard  to  the  great  honour  and 
'justice  of  the  duke:     If  it  be  not  the  right  of  colo- 
'  nizing  there,  which  way  have  we  our   bargain,  that 
'  pay  an   arbitrary  custom,  neither  known  to  the  laws 
'  of   England,  nor   the    settled    constitution    of    New- 
'  York,  and  those  other  plantations?     To  conclude  this 

1  point 

jc.  The  manuscript  copy  whence  this  is  taken,  is  here  defaced : 
It  contains  a  number  of  authorities  from  Bracton,  Fortesque,  the 
petition  of  right,  &o 


OF    NEW-JERSEY.  121 

4  point,  we  humbly  say,  that  we  have  not  lost  any  part        A.  D. 
'  of  our  liberty,  by  leaving  our  country  ;  for  \ve  leave        1680< 

*  not  our   king,  nor  our  government,  by  quitting  our 
'  soil  ;    but  we  transplant  to  a  place  given   by  the  same 
'  king,  with   express  limitation  to  erect  no  polity  con- 
1  trary  to  the  same  established  government,  but  as  near 
f  a-  mav  be  to  it;  and  this  variation  is  allowed  but  for 
'  the  sake  of  emergencies;    and  that  latitude  bounded 

*  with  these  words,  for  the  good  of  the  adventurer  and 
'  plant  ir  ;  which  that  exaction  of  custom  can  never  be: 
'  In    that  it  not  only  varies  to  the  discouragement  and 
1  prejudice    of   the  pip  liter,  but  contradicts   his   native 
1  laws,  rights  and   liberties,  and   lays  a  foundation  for 
'another  sort  of  government  than  that  which  was  only 
'  known  to  his  fathers;  unto  the  just  defence  of  which 
'he  is  engaged  by  nature  and  municipal  laws:     So  far 
'  the  point  of  law. 

'  We  shall  now  insist  upon  the  equitv  of  our 
'rase;  First,  This  very  tax  of  five  per  cent,  is  a 
'thing  not  to  be  found  in  the  duke's  conveyances, 
'  but  an  after-business;  a  very  surprize  to  the  planter! 

*  and    such    an  one,  as  could  they  have  foreseen,  they 
'would  have  sooner  taken  up  in  any  other  plantation 
4  in  America.     In  the  next  place, 

'  2.  New-  Jersey  never  paid  custom  before  last 
'  peace,  and  that  peace  re-invests  every  proprietor  by 
1  artieles.  Xow  we  bought  it  when  free,  since  which 

*  time  this  imposition  is  born  ;   must  we  be  subjected  to 
'  the  payment  of  one  tax,  of  greater  value  than  the 
'country?      This  in    plain  English,  is  under  another 

*  name,   paying    for  the  same  thing   twice    over;    nay, 
'  had  the  soil  been  purchased  of  the  Indians,  by  those 
'of   whom  we  bought  it,  and  given  us;    it  had  been 
'  dearly    accepted,    upon    this   condition,   and    with  this 
'  incumbranoe  ;   but  it  was  bought  by  us,  and  that  for 
'  a  valuable  consideration    here  ;    and  is  now  purchased 
'again   of  the  natives  there  too;   this  makes  our  case 


'extreme  hard,  and  we  pray  relief. 

4  •">.  (  'ustom  in  all  governments  in  the  world,  is  laid 
'  upon  trade,  but  this  upon  planting  is  unprecedented  : 

'Had 


122  T  H  E    H  I  S  T  O  R  Y 

A.D.  'Had  we  brought  commodities  so  these  parts  to  sell, 
'made  profit  out  of  them,  and, returned  to  the  advan- 
'  tage  of  traders ;  there  had  been  some  colour  or  pre- 
'  tence  for  this  exaction ;  but  to  require  and  force  a 
( custom  from  persons  for  coming  to  their  property, 
( their  own  terra  firma,  their  habitations ;  in  short, 
'  for  coming  home,  is  without  a  parallel ;  this  is  pay- 
'  ing  custom  not  for  trading,  but  landing ;  not  for 
'  merchandizing,  but  planting ;  in  very  deed  for 
'hazarding;  for  there  we  go;  carryover  our  families 
'and  estates;  adventure  both  for  the  improvement  of 
s  a  wilderness,  and  are  not  only  told  we  must  pay  here- 
'  after  out  of  our  gains  and  improvements,  but  must 
'pay  out  of  our  poor  stock  and  principal,  (put  into 
'goods)  five  pounds  in  the  hundred;  and  not  as  they 
'  are  there  worth,  but  as  they  here  cost ;  and  this  for 
'coming  to  plant:  So  that  the  plain  English  of  the 
'tragedy  is  this;  we  twice  buy  this  moiety  of  New- 
'  Jersey,  first  of  lord  Berkeley,  and  next  of  the  natives ; 
'and  what  for?  the  better  to  mortgage  ourselves  and 
'posterity  to  the  duke's  governors,  and  give  them  a 
'title  to  our  persons  and  estates,  that  never  had  any 
'  before :  But  pray  consider,  can  there  be  a  house 
'  without  a  bottom  ;  or  a  plantation  before  a  people  ? 
'  if  not,  can  there  be  a  custom  before  a  trade  ?  Thus 
'much  for  the  equitable  part  of  our  plea;  the  next 
'  and  last,  is  the  prudential :  We  do  offer  several  things 
'  in  point  of  prudence,  why  the  duke  should  desist 
'  from  the  exaction :  First,  there  can  be  no  benefit  to 
'  a  prince  in  America,  there  can  be  no  trade,  without 
'  a  people ;  there  will  be  no  people  where  there  is  no 
'  encouragement ;  nor  can  there  be  any  encouragement 
'  where  people  have  not  greater  privileges  by  going 
'  than  staying ;  for  if  their  condition  be  not  meliorated, 
'they  will  never  forego  the  comfort  of  their  kindred 
'  they  must  leave  behind  them,  nor  forsake  their 
'  native  country,  run  the  hazard  of  the  seas ;  nor 
'  lastly,  expose  themselves  to  the  wants  and  difficul- 
'  ties  of  a  wilderness ;  but  on  the  contrary,  if  they 
'  have  less  privileges  there  than  at  home,  'tis,  every 

'way 


OF    NEW-JERSEY.  123 

'  way  to  worst  themselves  to  go ;    for  they  do  not  only        A.  D. 

'  pay  custom   here  for  going,  but  there  for  arriving ;  '80* 

'  which  is  not  done  in  any  other  plantation,  even  when 

'  our  men  go  to  merchandize  and  not  to  plant,  which 

'  is  our  case :  Besides  there  is  no  end  of  this  power ; 

'  for  since  we  are  by  this  precedent,  assessed  without 

'  any  law,  and  thereby  excluded  our  English  right  of 

'common   assent  to  taxes;    what  security  have  we  of 

'any  thing  we  possess?  we  can  call  nothing  our  own, 

'  but  are  tenants  at  will,  not  only  for  the  soil  but  for 

'all  our  personal  estates;   we  endure  penury  and  the 

'  sweat   of  our   brows,  to  improve  them  at  our  own 

1  hazard   only :    This   is  to  transplant,  not  from  good 

'  to  better,  .but  from  good  to  bad  ;   this  sort  of  conduct 

'  has   destroyed   government,    but   never  raised  one  tx> 

'  any  true  greatness ;   nor  ever  will  in  the  duke's  terri- 

'  tories,  whilst  so  many  countries  equally  good  in  soil 

1  and  air,  surrounded  with  greater  freedom   and  secu- 

'  rity  :  Whereas  if  the  duke  please  to  make  all  planters 

*  easy  and  safe  in  their  liberty  and  property,  such  a 
'  ju-t  and  free  government  will  draw  in   other  places, 
'  encourage  persons  to  transplant  into  his  country,  and 
1  his  disbursements  will  soon  be  at  an  end  ;  his  revenues, 

*  with    satisfaction    to    the    people,   presently    visibly 
'  augmented :    Next  this  encouragement  shipping  and 
'  seamen,  which  not  only  takes  off  abundance  of  idle 
'  people,  but  our  native  growth  and  manufacture,  and 
'  the  export  of  them ;    and  the  import  of  the  produce 
'  of  these   plantations,   in    a   little   time  overflow  and 
'  advance   the   revenue   of   the   crown :    Virginia   and 
'  Barbados  are  proofs  undeniable  in  the  case. 

'  Lastly,  the  duke's  circumstances,  and  the  people's 
'jealousies  considered,  we  humbly  submit  it,  if  there 
'  can  be  in  their  opinion,  a  greater  evidence  of  a  design 
'  to  introduce  an  unlimited  government,  than  both  to 
'  exact  such  an  untenninated  tax  from  English  planters, 
'  and  t<>  continue  it  after  so  many  repeated  complaints; 
'and  on  the  contrary,  if  there*  can  .be  any  thing  so 
'  happy  to  the  duke's  present  affairs,  as  the  oppor- 
'  tuiiity  he  hath  to  free  that  country  with  his  own  hand, 

'and 


124  THE    HISTORY 

'  and  to  make  us  all  owners  of  our  liberty,  to  his  favour 
1  and  justice:  So  will  Englishmen  here  know  what  to 
'  hope  for,  by  the  justice  and  kindness  he  shews  to 
'  Englishmen  there ;  and  all  men  to  see  the  just  model  of 
'  his  government  in  New- York,  to  be  the  scheme  and 
(  draught  in  little,  of  his  administration  in  Old  England 
( at  large,  if  the  crown  should  ever  devolve  upon  his 
1  head.  The  conclusion  is  this,  that  for  all  these  reasons 
'  in  law,  equity  and  prudence,  alledged ;  you  would 
'  please  to  second  our  request  to  the  duke,  that  like 
( himself,  he  would  void  this  taxation,  and  put  the 
'  country  in  such  an  English  and  free  condition,  that 
s  he  may  be  as  well  loved  and  honoured,  as  feared  by  all 
'  the  inhabitants  of  his  territory ;  that  being  great 
'  in  their  affections,  he  may  be  great  by  their  industry ; 
'  which  will  yield  him  that  wealth,  that  parent  of 
f  power,  that  he  may  be  as  great  a  prince  by  property 
'  as  by  title.' 

That  this  custom  was  now  taken  off,  will,  among 
other  things,  appear  by  the  following  letter  from 
Samuel  Jenings,^  directed  to  William  Perm,  Edward 
Byllinge,  or  Gawen  Lawrie. 

'  Dear  friends, 

Jenings  to  '  This  may  give  you  an  account  of  mine  and  my 
Penn,  &c.  <  families  safe  arrival  in  New-Jersey,  with  all  the  rest 
6  that  came  with  us.  I  might  say  something  concern- 
'  ing  our  passage  at  sea,  but  I  wave  it  for  want  of 
'  time,  and  in  fine  may  observe  all  was  well ;  for 
'  which  I  bless  God ;  and  the  Lord  keep  us  all  sensible 
'  of  it,  with  the  rest  of  his  mercies  forever. 

'  Dear  friends,  about  six  weeks  since,  we  arrived  in 
€  Delaware  river,  where  I  expected  to  have  met  with  a 
'  combat,  in  the  denial  of  customs :  In  our  passage  at 
'  sea,  I  had  communicated  to  all  that  had  any  conside- 
t  rable  cargo  on  board,  the  opinion  of  council,  con- 
'  cerning  the  illegal  demand  thereof,  with  what  else  I 

'thought 

y.  He  with  his  family,  removed  from  Coles  hill,  the  upper  side 
of  the  county  of  Bucks,  about  the  third  month,  1680. 


New- Jersey,  the  17th  of  \  RAMTTTTT 

October,  1680.          /  SAMUEL 

z.  He  used  to  collect  the  customs. 


OP    NEW-JERSEY.  125 

'  thought  might  be  for  their  information ;  which  thus  A. 
'  far  prevailed,  that  most  if  not  all  concerned,  seemed 
'  r<>.»  Ived  lodeny  the  leaving  of  custom  here;  having  paid 
'all  the  king's  duties  in  England.  In  good  time  we 
'came  to  anchor  in  Delaware,  where  one  Peter  Alrick 
'came  aboard,  and  brought  a  handsome  present  to  our 
'commander,  and  sent  for  me  into  the  round-house, 
'where  they  both  were,  and  Peter  told  me  he  had 
'  nothing  to  say  to  us  relating  to  customs  ;*•  he  had  no 
'  commission  for  it,  nor  did  he  know  of  any  body  that 
'  had  ;  so  we  had  all  our  goods  safely  landed  after  this 
'unexpected  easy  manner. 

'  lu  pursuance  of  the  trust  committed  to  me  after  my 
'arrival,  1  acquainted  those  nominated  in  the  commis- 
'  sion  with  me  of  it;  but  in  a  short  time  after  I  received 
'  your  letters,  giving  an  account  of  a  new  grant  obtained, 
'  wherein  the  customs  are  taken  oif,  a  free  port  con- 
'  firmed,  and  the  government  settled  on  Edward  Byl- 
'liuge;  which  I  doubt  not  will  be  very  acceptable  to 
•'  every  honest  man ;  but  as  yet  I  have  not  had  time  to 
'  let  the  people  in  general  know  it :  And  now  seeing 
'  the  ports  are  made  legally  free,  and  the  government 
'settled,  I  would  not  have  any  thing  to  remain  as  a 
'discouragement  to  planters:  Here  are  several  good 
*  and  convenient  settlements  already,  and  here  is  land 
'  enough  and  good  enough  for  many  more. 


CHAP. 


126 


THE    HISTORY 


A.  D. 
1680. 


Jenings 
deputy 
governor. 


Funda- 
mentals. 


CHAP.    VIII. 

The  first  form  of  government  in  West- Jersey,  under  the 
proprietors:  The  first  laws  they  made:  The  method 
of  regulating  land  affairs ;  and  a  further  account  of 
the  Indians  found  in  the  first  settled  part  of  these 
provinces. 

TH  E  western  part  of  New-Jersey,  was  now  become 
populous,  by  the  accession  of  many  settlers. 
Jenings,  who  arrived  last  year,  about  this  time, 
received  a  commission  from  Byllinge,  (whom  the  pro- 
prietors in  England,  as  mentioned  before,  had  chosen 
governor)  to  be  his  deputy:  He  called  an  assembly, 
and  with  them  agreed  upon  certain  fundamentals  of 
government,  as  follows. 
'  Province  of  West-New-Jersey,  in  America,  the  25th 

of  the  9th  month  called  November,  1681. 
(  Forasmuch  as  it  hath  pleased  God  to  bring  us  into 
'  this  province  of  West-New-Jersey,  and  settle  us  here 
'  in  safety,  that  we  may  be  a  people,  to  the  praise  and 
'  honour  of  his  name,  who  hath  so  dealt  with  us,  and 
( for  the  good  and  wellfare  of  our  posterity  to  come : 
'  We,  the  governor  and  proprietors,  freeholders  and 
'  inhabitants  of  West-New-Jersey,  by  mutual  consent 
( and  agreement,  for  the  prevention  of  innovations 
( and  oppression,  either  upon  us,  or  our  posterity,  and 
'  for  the  preservation  of  the  peace  and  tranquility  of 
'  the  same ;  and  that  all  may  be  encouraged  to  go  on 
1  chearfully  in  their  several  places ;  we  do  make  and 
'  constitute  these  our  agreements,  to  be  as  fundamentals 
'  to  us,  and  our  posterity,  to  be  held  inviolable ;  and 
1  that  no  person  or  persons  whatsoever,  shall  or  may 
'  make  void  or  disannul  the  same,  upon  any  pretence 
'  whatsoever. 


'  1.  That  there  shall  be  a  general  free  assembly  for 
'  the  province  aforesaid,  yearly  and  every  year,  at  a  day 

(  certain 


OF    NEW-JERSEY.  127 

*  certain,  chosen  by  the  free  people  of  the  said  province,        A.  D. 
4  whereon  all  the  representatives  for  the  said  province         1680' 
'shall    be   summoned   to   appear,    to   consider   of   the 

*  attains  of  the  said  province,  and  to  make  and  ordain 
'  such  acts  and  laws  as  shall  be  requisite  and  necessary 
'  for  the  good  government  and  prosperity  of  the  free 
'people  of  the  said  province;    and   (if  necessity  shall 
'  require)  the   governor   for   the  time  being,  with    the 
1  consent  of  his  council,  may  and  shall  issue  out  writs 
'  to    convene   the   assembly   sooner,   to    consider    and 
'answer  the  necessities  of  the  people  of  the  said  pro- 
'  vince. 

'  '2.  That  the  governor  of  the  province  aforesaid, 
' his  heirs  or  successors,  for  the  time  being,  shall  not 
'  suspend  or  defer  the  signing,  sealing  and  confirm- 
4  inj;  of  such  acts  and  laws  as  the  general  assembly 
'  (from  time  to  time.to  be  elected  by  the  free  people  of 
'  the  province  aforesaid)  shall  make  or  enact  for  the 
'securing  of  the  liberties  and  properties  of  the  said 
'  free  people  of  the  province  aforesaid. 

'  3.  That  it  shall  not  be  lawful  for  the  governor  of 
'  the  said  province,  his  heirs  or  successors,  for  the  time 
'  being,  and  council,  or  any  of  them,  at  any  time  or 
'  times  hereafter,  to  make  or  raise  war  upon  any  ac- 
c  count  or  pretence  whatsoever,  or  to  raise  any  military 
1  Torres  within  the  province  aforesaid;  without  the 
'  consent  and  act  of  the  general  free  assembly,  for  the 
4  time  being. 

'  4.  That  it  shall  not  be  lawful  for  the  governor  of 
'  the  said  province,  his  heirs  or  successors,  for  the  time 
'  Iw'iiur,  and  council,  or  any  of  them,  at  any  time  or 
'  times  hereafter,  to  make  or  enact  any  law  or  laws 

*  for  the  said  province,  without  the  consent,  act  and 
'concurrence  of  the   general   assembly:     And   if  the 
'governor  for  the  time  being,  his  heirs  or  successors, 
'  and  council,  or  any  of  them,  shall  attempt  to  make 
'<>r  enact  any  such  law  or  laws,  of  him  or  themselves, 
'  without    the    consent,   act   and     concurrence   of    the 
'general    assembly;    that   from  thenceforth,    he,    they, 
'  or  so  many  of  them,  as  shall  be  guilty  thereof,  shall 

'upon 


128  THE    HISTORY 

A.  D.        <  upon    legal    conviction,   be   deemed    and    taken   for 
*80*        'enemies   to   the   free   people   of   the   said    province; 
'  and  such  act  so  attempted  to  be  made,  to  be  of  no 
'  force. 

'  5.  That  the  general  free  assembly,  from  time  to 
'  time,  to  be  chosen  as  aforesaid,  as  the  representatives, 
( of  the  people,  shall  not  be  prorogued  or  dissolved, 
'  before  the  expiration  of  one  whole  year,  to  com- 
'  mence  from  the  day  of  their  election,  without  their 
(  own  free  consent. 

1  6.  That  it  shall  not  be  lawful  for  the  governor  of 
'  the  said  province,  his  heirs  or  successors,  for  the  time 
(  being,  and  council,  or  any  of  them,  to  levy  or  raise 
'  any  sum  or  sums  of  money,  or  any  other  tax  whatso- 
e  ever ;  without  the  act,  consent  and  concurrence  of 
'  the  general  Assembly. 

'  7.  That  all  officers  of  state  or  trust,  relating  to  the 
'  said  Province,  shall  be  nominated  and  elected  by  the 
'  general  free  assembly  for  the  time  being,  or  by  their 
'  appointment ;  which  officer  and  officers,  shall  be 
'  accountable  to  the  general  free  assembly,  or  to  such  as 
'  the  said  assembly  shall  appoint. 

'  8.  That  the  governor  of  the  province  aforesaid,. 
'  his  heirs  or  successors,  for  the  time  being,  or  any  of 
'  them,  shall  not  send  ambassadors,  or  make  treaties, 
(  or  enter  into  alliances,  upon  the  public  account  of  the 
(  said  province,  without  the  consent  of  the  said  general 
'  free  assembly. 

'  9.  That  no  general  free  assembly  hereafter  to  be 
'  chosen  by  the  free  people  of  the  province  aforesaid,, 
f  shall  give  to  the  governor  of  the  said  Province  for  the 
'  time  being,  his  heirs  or  successors,  any  tax  or  custom 
'  for  longer  time  than  for  one  whole  year. 

'  10.  That  liberty  of  conscience,  in  matters  of  faith 
'  and  worship  towardsx  God,  shall  be  granted  to  all 
'  people  within  the  province  aforesaid,  who  shall  live 
'  peaceably,  and  quietly  therein ;  and  that  none  of  the 
'  free  people  of  the  said  province,  shall  be  rendered  uu- 
'  capable  of  office  in  respect  of  their  faith  and  worship. 

'  Upon 


OF    NEW-JERSEY.  129 

'  Upon  the  governor's  acceptance  and   performance        A.  D. 
'  of  the  proposals  herein  before  expressed,  we  the  ge-  81* 

'  neral  free  assembly,  proprietors  and  freeholders  of 
'the  province  of  West  Xc\v-.I' r-  v  aforesaid,  do  accept 
'  and  receive  Samuel  Jenings,  as  Deputy  Governor. 
'  In  testimony  whereof  I  have  hereunto  put  my  hand 
'  and  seal,  the  day  and  year  above  written, 

t  Samuel  Jenings,  Deputy  Governor. 
Subscribed  also     '  Thomas  Olive,  Speaker/ 

This  assembly  was  held  from  the  21st  till  the  28th  of 
November,  and  passed  six  and  thirty  laws  (beside  the  Laws. 
above)  many  of  which  were  repealed  in  a  few  years 
afterwards:  Some  of  them  were  in  substance, — That 
it  should  be  the  business  of  the  governor  and  commis- 
sioners BO  see  that  alt  courts  executed  their  offices,  and 
to  punish  such  officers  as  should  violate  the  laws: — 
That  lands  legally  taken  up  and  held,  planted  and 
possessed  seven  years,  should  not  be  subject  to  alteration  : 
— That  all  officers  of  trust  should  subscribe  to  do  equal 
i  iuht  and  justice : — That  no  person  should  be  condemned 
or  hurt,  without  a  trial  of  twelve  men;  and  that  in 
criminal  cases,  the  party  arraigned  to  except  against 
thirty-five,  or  more  upon  valid  reasons : — That  in 
every  court,  three  justices  or  commissioners  at  least, 
to  sit  and  assist  the  jury,  in  cases  of  law;  and  pro- 
nounce the  judgment  of  the  jury: That  false  wit- 
nesses be  fined,  and  disabled  from  being  after  admitted 
in  evidence,  or  into  any  public  office  in  the  province  : 
— That  persons  prosecuting  for  private  wrong  (murder 
treason  and  theft  excepted)  might  remit  the  penalty 
or  punishment  either  before  or  after  condemnation  : 
— That  juries  should  be  summoned  by  the  sheriff, 
and  none  be  compelled  to  fee  an  attorney  to  plead  his 

cause: That   all   wills   should   be   first   proved   and 

registered,  and  then  duly  performed: — That  upon 
persons  dying  intestate,  and  leaving  a  wife  and  child, 

I  or 


130  THE    HISTORY 

A.  D.  or  children,  the  governor  and  commissioners  for  the 
time  being,  were  to  take  security,  that  the  estate 
should  be  duly  administered,  and  the  administrator  to 
secure  two  thirds  for  the  child  or  children,  the  other 
to  the  widow ;  where  there  was  no  children,  one  moiety 
or  half  the  estate,  was  to  go  to  the  next  of  kin,  the 
other  half  to  the  widow;  always  provided,  such 
estate  exceeded  one  hundred  pounds ;  otherwise  the  wi- 
dow to  have  the  whole ;  and  in  cases  of  leaving  chil- 
dren, and  no  provision,  the  charge  of  bringing  them 

up,   to    be   paid    out   of    the    public    stock: That 

felons  should  make  restitution  four  fold,  or  as  twelve 
of  the  neighbourhood  should  determine;  and  such  as 
hurt  or  abuse  the  person  of  any,  be  punished  according 
to  the  nature  of  the  offence: That  whoso- 
ever presumed,  directly  or  indirectly,  to  sell  any 
strong  liquors,  to  any  Indian  or  Indians,  should 
forfeit  for  every  such  offence,  the  sum  of  three 
pounds : — That  ten  men  from  Burlington,  and  ten 
from  Salem,  should  be  appointed  to  lay  out  and 
clear  a  road  from  Burlington  to  Salem,  at  the  public 
expence  :— That  two  hundred  pounds  should  be  equally 
levyed  and  appropriated  for  the  charges  of  government,' 
upon  the  several  tenths,  twenty  pounds  each ;  every 
man  to  be  assessed  according  to  his  estate ;  and  all 
handicrafts,  merchants  and  others,  at  the  discretion 
of  the  assessors :  Persons  thinking  themselves  aggrieved, 
had  the  liberty  of  appealing  to  the  commissioners  of  the 
tenth  they  belonged  to.  These  and  other  laws  agreed 
on,  the  commissioners  next  fixed  the  following  method 
for  regulation  of  lands. 
'  The  methods  of  the  commissioners  for  settling  and 

'  regulation  of  lands. 

'  We  whose  names  are  hereunder  written,  commis- 

Eegulation     e  sioners  nominated,  elected  and  chosen  by  the  general 

of  lands.         ( free   assembly  ?   proprietors   and    freeholders    of    the 

'  province 


OF    NEW-JERSEY.  131 

4  province  of  West-New-Jersey,  the  23d  day  of  No-  A.  D. 
'  vember  last  past,  for  the  settling  and  regulating  of 
'  lands,  and  other  concerns  within  the  said  province;  do 
'by  and  with  the  approbation  and  consent  of  the 
'governor  of  the  said  province,  and  council,  in  pur- 
' snance  of  the  said  trust  in  us  reposed,  hereby  fully 
'agree  upon  these  rules  and  methods  herein  after  fol- 
'  lowing  :  (that  is  to  say) 

'  1 .  That  the  surveyor  shall  measure  the  front  of  the 
1  river  Delaware,  beginning  at  Assunpink  creek,  and 

*  from    thence   down  to  Cape  May,  that  the  point  of 
'  the  compass  may  be  found  for  the  running  the  parti- 
'  tion  lines  betwixt  each  tenth. 

'  2.  That  each  and  every  tenth,  or  ten  proprieties, 
1  shall  have  their  proportion  of  front  to  the  river  Dela- 
1  ware,  and  so  far  back  into  the  woods  as  will  make  or 
1  contain  sixty-four  thousand  acres  for  their  first  settle- 
'  i n< int,  and  for  the  sub-dividing  the  Yorkshire  and 
'  London  two  tenths. 

k  .').  To  allow  three  thousand  and  two  hundred  acres 
1  where  the  parties  concerned  please  to  oh  use  it  within 
'  their  own  tenth ;  to  be  taken  up  according  to  the  rules 
'  or  methods  following,  viz.  One  eighth  part  of  a  pro- 
1  priety,  and  so  for  smaller  parts,  to  have  their  full  pro- 
'  portion  of  the  said  land  in  one  place  (if  they  please) 

*  and    greater   purchasers  or  shares  not  to  exceed    five 
'  hundred  acres,  to  one  settlement. 

'  4.  All  lands  so  taken  up  and  surveyed,  shall  be 
f  seated  within  six  months  after  it  is  so  taken  up;  and 
'  if  th"  >ame  shall  not  be  seated  within  the  said  time, 
'  then  such  choice  and  survey  shall  be  void,  and  the 
'same  lands  shall  be  free  for  any  other  purchaser  to 
1  take  up;  provided  he  or  they  so  taking  up  the  same, 
Mo,  or  shall  seat  it,  within  one  month  after  it  is  so 
'  taken  up. 

'  ~).  That  no  person  or  persons  shall  take  up  lands 
i  on  both  sides  of  a  creek,  to  one  settlement,  except 
1  the  commissioners  for  the  time  being,  shall  see  good 
1  cause  for  their  so  doing. 

<  6.  That 


132  THE    HISTORY 

A.  D.  <  6.  That  no  person  or  persons  shall  have  more  than 

( for£y  perches  front  to  the  river,  or  navigable  creek, 
'  for  each  and  every  one  hundred  acres,  except  it  fall 
'  upon  a  point,  so  that  it  cann6t  otherwise  be  avoided ; 
1  and  in  such  cases  it  shall  be  left  to  the  discretion  of 
1  the  commissioners  then  for  the  time  being. 

'  7.  That  all  lands  be  laid  out  on  straight  lines,  that 
'  no  vacancies  be  left  between  lands,  but  that  they  be 
'joined  one  seat  to  another,  except  the  commissioners 
'  then  for  the  time  being,  shall  for  good  causes  order  it 
'  otherwise. 

'  8.  That  all  persons  shall  take  their  just  proportions 
(  of  meadow,  which  shall  be  laid  forth  at  the  discretion 
'  of  the  commissioners  then  for  the  time  being. 

'  9.  That  all  persons  who  are  already  seated,  shall 
'  have  liberty  to  make  his  settlement  his  choice,  if  he 
e  please ;  provided  he  or  they  observe  and  follow  the 
f  rule  or  method  herein  prescribed. 

'  10.  That  every  proprietor  shall  have  four  hundred 
' acres  to  a  propriety,  and  so  proportionably  to  lesser 
1  quantities  for  their  town  lot,  over  and  above  their 
'  aforesaid  three  thousand  two  hundred  acres ;  which 
1  may  be  taken  any  where  within  their  own  tenth, 
1  either  within  or  without  the  town  bounds. 

'11.  That  no  person  or  persons  who  have  already 
'  taken  up  a  town  lot,  shall  have  liberty  to  leave  it,  and 
'take  a  lot  elsewhere,  but  shall  keep  the  same  he  hath 
'  taken  up,  as  his  town  lot. 

'  12.  That  Thomas  Wright  shall  keep  his  settlement, 
'  containing  four  hundred  acres ;  and  that  theo  ommis- 
'sioners  for  Yorkshire  side,  shall  allow  to  the  town 
'  bounds,  three  hundred  acres,  to  be  taken  up  adjoining 
'  to  the  town  bounds,  on  Lazy  Point,  in  lieu  thereof. 

1 13.  That  no  purchaser  shall  take  up  more  land 
'  within  the  town  bounds,  than  belongs  to  his  town  lot, 
'  by  virtue  of  his  purchase. 

'  14.  That  no  person  or  persons  (who  are  not  pur- 
'  chasers  to  whom  town  lot  or  lots  are  given)  shall  dis- 
4  pose  of,  or  sell  his  or  their  said  lot  or  lots  of  land, 

'from 


OF    NEW-JERSEY.  133 

*  from  their  house  or  houses  respectively  ;   and  that  if        A.  D. 
'any  such  person  or  persons  as  aforesaid,  shall  dispose 

'  of,  or  sell  such  said  lot  or  lots  apart  from  his  or  their 
'  MI  id  house  or  houses,  then  such  said  sale  of  lot  or  lots 
'shall  be  void  and  of  no  effect ;  and  the  same  lot  or 
'  lots  shall  from  thence  become  forfeit,  to  the  use  of 
'the  town  of  Burlington,  to  be  disposed  of  therein, 
'  at  the  discretion  of  the  commissioners  then  for  the 

*  time  being. 

'  15.  That  no  person  or  persons  from  hence  for- 
'  ward,  shall  take  up  any  land,  without  special  order 
'  from  two  or  more  of  the  commissioners  for  the  time 

*  beinjr,  first  had  and  obtained. 

'  16.  That  all  and  every  settlement  and  settlements 
'already  made,  which  are  not  consonant  and  agreeable 
'  to  the  rules  and  methods  aforesaid,  shall  be  liable  to 
1  regulation,  according  to  the  said  rules  and  methods. 

'  17.  That  the  proprietors  who  are  yet  remaining 
( in  England,  shall  have  notice,  that  we  find  it  necessary 
'for  the  speedy  settlement  of  this  province,  and  for 
'  the  interest  of  all  concerned  therein,  to  allow  to  every 
1  propriety  as  aforesaid,  three  thousand  two  hundred 
'  a< -res  for  our  first  choice;  and  in  case  much  people 
k  -hull  come,  as  may  be  reasonably  expected,  who  have 
'  purchased  no  land  in  England,  and  desire  to  settle 
'amongst  us;  that  then  we  reserve  liberty  to  take  up 
l-o  much  land  more  as  shall  fall  to  every  propriety, 
1  not  exceeding  five  thousand  and  two  hundred  acres, 
'which  was  allowed  to  us  for  our  first  settlement: 
'  Provided  nevertheless,  that  none  shall  take  up  any 
'  proportion  of  land,  but  as  they  shall  settle  it,  or 
'cause  it  to  be  settled;  which  is  to  be  done  after  the 
'aforesaid  three  thousand  two  hundred  acres  shall  be 
'justly  taken  up  and  settled. 

4  is.  That  all  publick  highways  shall  be  set  forth, 
'at  any  time  or  times  hereafter,  at  the  discretion  of 
'the  commissioners  for  the  time  being,  in  or  through 
'any  lands  taken  up,  or  to  be  taken  up;  allowing  the 
'owners  of  such  lands  where  such  publick  highways 

shall 


134  THE    HISTORY 

A.  D.        <  shall  be  laid  forth,  reasonable  satisfaction  at  the  dis- 
Io81.        *  cretion  of  the  commissioners,  in  lieu  thereof. 

'  19.  Yet  nevertheless,  it  is  hereby  commended  and 
'agreed  by  the  authority  aforesaid,  that  the  rules  and 
'methods  herein  before  agreed  on,  shall  not  make 
'void  or  disannul,  all  or  any  settlement  or  settle- 
'  nients  heretofore  made,  in  the  Yorkshire  tenth,  who 

*  have   seated   according    to   a    former  agreement,  viz. 

*  Not  having  taken  up  more  than  fifty  perehes  for  eaeli 
'and   every  -hundred  acres  on   the  river  or  navigable 
'  creek,  and  having  kept  their  due  breadth  and  bounds 
'  from  die  river  or  creek. 

'Signed  and  scaled  the  5th  December,  1(581,  by 
'  Samuel  Jenings,  governor,  Thomas  Olive,  Thomas 
'  Budd,  Robert  Stacy,  Benjamin  Scott-,  Thomas 
'Gardiner,  Daniel  Wills,  Mahlon  Stacy,  Thomas 

*  Lambert 

'  20.  That  all  persons  who  have  already  taken  up 
'any  lands,  within  the  first  and  second  tenth  in  this 
'province,  shall  bring  in  their  deeds  or  writings,  to 
'  shew  their  title  to  such  lands  as  they  have  taken  up, 
'to  Benjamin  Scott,  Robert  Stacy,  Thomas  Budd, 
'and  Thomas  Gardiner,  on  or  before  die  twelfth  day 
'of  this  instant  January,  next  ensuing  the  day  of 
'  the  date  hereof. 

'  21.  That  all  person  or  persons  hereafter  to  hike  up 
'land  within  the  said  first  and  second  tenth,  shall  first 
'make  application  to  the  said  Benjamin  Scott.  Robert 
'  Stacy,  Thomas  Budd,  and  Thomas  Gardiner,  or  any 
'  two  of  them ;  and  shall  also  before  the  said  commission- 
'  ers  solemnly  declare  and  aver,  upon  the  penalty  of  the 
'law  of  perjury,  to  pass  against  them,  that  the  quan- 
'tity  or  portion  of  land  contained  in  their  respective 
'  Deeds  or  other  Writings,  do  really  and  in  gixxl  eon- 
'  science,  belong  and  appertain  to  him  or  them  so 
'requiring  a  warrant  or  war  rants,  for  laving  forth  his 
'or  their  land;  so  as  the  said  commissioners  may  be 
( thereby  satisfied  with  the  justness  of  his  or  their  title 

*  thereto ;  dieu,  and  not  before,,  die  said  commissioners, 


OF    NEW-JERSEY.  135 

'or   any    t\v<>    of  them,   shall    and    may   grant   out   a        A.  D. 
warrant    to  the  surveyor  or  his  deputy,  to   lay  out  and  **• 

survey  the  respective  proportion  of  land  to  him  or 
them  duo  and  appertaining  as  aforesaid ;  enjoining 
the  surveyor  or  his  deputy,  to  make  return  of  his 
said  warrant  and  survey,  a!  the  next  court  after  such 
warrant  granted,  to  bo  held  at  Burlington;  that  the 
same  may  l>e  registered  by  order  of  the  said  court. 

'  -'2.  That  all  proprietors  and  purehasers,  within 
'tlu«  said  tirst  and  second  tenths,  shall  and  may  have 
'  libertv  to  take  his  and  their  full  proportions  of  land 
'  as  before  within  is  agreed  upon,  of  the  first  and  second 
'  ehoiee  in  one  plaee  ;  provided  he  or  thev  so  doing 
4  take  not  up  more  than  live  hundred  acres  of  land  in 
'  one  settlement. 

'  Witness   our   hands  and   seals,  the   14th   day  of  the 
'eleventh  month,  1G81. 

SAMUEL  JENINGS,  Governor. 
THOMAS  OLIVE, 
ROBERT  STACY, 
THOMAS  BUDD, 
DANIEL  WILLS, 
THOMAS  GARDINER, 
BENJAMIN  SCOTT. 

It  would  be  vain  to  pretend  to  give  a  particular 
account  of  al!  the  ditlbrent  tribes  or  nations  of  Indians 
that  inhabited  these  provinces  before  the  Europeans 
eame  among  them,  there  being  probably  a  tribe  in 
some  parts,  for  every  ten  or  twenty  miles,  which  were  Indiana, 
commonly  distinguished  by  the  names  of  creeks  or  other 
noted  places  where  they  resided;  thus,  there  were  the 
inpink,'-  the  Raukokas/i.  the  Mingo,&.  the 

Andastaka, 

i.  Stony  Creek,  a.  Lamikas,  or  ('hioheqnas,  was  the  proper 
Indian  name:  tlu>y  did  not  pronounce  the  r  at  all. 

6.  Indian  knowledge  ahont  the  weather  were  received  topicks 
of  conversation  ;  some  of  tlu-ir  maxims  have  been  found  as  gene- 
rally true,  as  things  of  that  kind  commonly  are.  If  Jacob  Taylor's 

intelligence 


136  THE    HISTORY 

A.  D.  Andastaka,  the  Neshamine,  and  the  Shackamaxon 
Indians;  and  those  about  Burlington  were  called  the 
Mantas  ;c.  but  these  and  others  were  all  of  them  distin- 
guished from  the  back  Indians,  who  were  a  more  warlike 
people,  by  the  general  name  of  the  Delawares:  The 
nations  most  noted  from  home,  that  sometimes  inha- 
bited New- Jersey,  and  the  first  settled  parts  of  Pennsyl- 
vania, were  the  Naraticongs,  on  the  North  side  of  E-ari- 
ton  River,  the  Capitinasses,  the  Gaeheos,  the  Munseys, 
the  Pomptons,  the  Senecas  and  the  Maquaas  ;d.  this  last 
was  the  most  numerous  and  powerful :  Different  nations 
were  frequently  at  war  with  each  other,  of  which  hus- 
bandmen sometimes  find  remaining  marks-ill  their  fields : 
A  little  below  the  falls  of  Delaware  on  the  Jersey  side; 
at  Point-no-point  in  Pennsylvania,  and  several  other 
places,  were  banks  that  have  been  formerly  thrown  up 

for 

intelligence  be  right,  they  also  predicted:  A  sachem  of  this  tribe 
(he  says)  being  observed  to  look  at  the  great  comet,  which  ap- 
peared the  first  of  October  1680,  and  asked,  what  he  thought  was 
the  meaning  of  that  prodigious  appearance?  answered  gravely, 
It  signifies  that  we  Indians  shall  melt  away,  and  this  country  be  in- 
habited by  another  people.  How  this  Indian  came  by  his  knowledge 
without  the  learned  Whiston's  astronomical  tables,  or  whether  he 
had  any  knowledge,  is  not  so  material.  He  will  however  be  allowed 
as  good  a  right  to  pretend  to  it,  when  the  event  is  considered,  as  the 
other  had  in  his  conjectures  concerning  the  cause  of  Noah's  flood: 
This  at  least  till  the  regularity  of  the  comets  motions  are  better 
known.  But  we  see  greater  names  have  had  their  prognosticating 
sentiments  concerning  them  Hence  Dr.  Young  in  his  paraphrase 
on  that  chapter  of  Job,  where  the  almighty  challenges  the  patriarch 
on  the  weakness  of  man, 

Who  drew  the  comet  out  to  such  a  size 
And  pourM  his  flaming  train  o'er  half  the  skies? 
Did  thy  resentment  hang  him  out,  does  he 
Glare  on  the  nations,  and  denounce  from  thee  ? 

c.  Frogs,  a  creek  or  two  in  Gloucester  county,  are  called  Manta 
or  Mantau,  from  a  larger  tribe  that  resided  there ;  the  Indians  were 
probably  both  of  the  same  Stock. 

• 

d.  The  Five  Nations  before  the  sixth  was  added  ;    but  few  of 
these  had  their  residence  in  New- Jersey  :  They  are  supposed  to  have 
been  sometimes  in  fishing  seasons  among  the  others  here;  the  Dutch 
called  them  Mahakuase. 


OF    NEW-JERSEY.  137 

for    intrenchments,  against    incursions   of    the   neigh-        A-  D. 
bouring  Indians,  who  in  their  canoes  used  sometimes  to 
go  in  warlike  bodies  from  one  province  to  another. 

It  was  customary  with  the  Indians  of  West- Jersey, 
when  they  buried  their  dead,  to  put  family  utensils,  bows 
and  arrows,  and  sometimes  money  (wampum)  into  the 
grave  with  them ;  as  tokens  of  their  affection.  When  a  Indian 
prison  of  note  died  far  from  thetplace  of  his  own  resi- 
dence, they  would  carry  his  bones  to  be  buried  there ; 
they  washed  and  perfumed  the  dead,  painted  the  face, 
ami  followed  singly;  left  the  dead  in  a  sitting  posture, 
and  covi'ivd  the  grave  pyramidically :  They  were  very 
curious  in  preserving  and  repairing  the  graves  of  their 
dead,  and  pensively  visited  them  ;  did  not  love  to  be 
asked  their  judgment  twice  about  the  same  thing: 
They  generally  delighted  in  mirth;  were  very  studious 
in  observing  the  virtues  of  roots  and  herbs,  by  which 
they  usually  cured  themselves  of  many  bodily  distem- 
pers, both  by  outward  and  inward  applications  :  They 
besides  frequently  used  sweating,  and  the  cold  bath.  «• 
They  had  an  aversion  to  beards,  and  would  not  suffer 
them  to  grow ;  but  pluck'd  the  hair  out  by  the  roots  : 
The  hair  of  their  heads  was  black,  and  generally 
shone  with  bear's  fat,  particularly  that  of  the  women, 
who  tied  it  behind  in  a  large  knot;  sometimes  in  a  bag. 
They  called  persons  and  places,  by  the  names  of 
things  remarkable,  or  birds,  beasts,  and  fish;  as 
Per-hala,  a  duck ;  Cau-hawuk,  a  goose ;  Qaink-  Quink, 
a  tit ;  Pulluppa,  a  buck  ;  Skingas,  a  wild-cat ;  and  they 

observed 

«.  The  manner  was  to  first  inclose  the  patient  in  a  narrow  cabbin, 
in  tin-  tnidst  of  which  was  a  red  hot  stone,  this  frequently  wet  with 
water,  occasioned  a  warm  vapour;  the  patient  sufficiently  wet  with 
this  and  his  own  sweat,  was  hurried  to  the  next  creek  or  river,  and 
plunged  into  it ;  this  was  repeated  as  often  as  necessary,  and  some- 
times irreat  cures  performed.  But  this  rude  method  at  other  times 
killed,  notwithstanding  "he  hardy  natures  of  the  patients;  especially 
in  the  small  pox  and  other  European  disorders. 


138  T  H  E    H  I  S  T  O  B,  Y 

A.  D.  observed  it  as  a  rule,  when  the  rattle-snake  gave  notice 
by  his  rattle  before  they  approached,  not  to  hurt  him ; 
but  if  he  rattled  after  they  had  passed,  they  immediately 
returned  and  kill'd  him.  They  were  very  loving  to  one 
another ;  if  several  of  them  came  to  a  Christian's  house, 
and  the  master  of  it  gave  one  of  them  victuals  and 
none  to  the  rest,  he  would  divide  it  into  equal  shares 
amongst  his  companions ;  if  the  Christians  visited  them, 
they  would  give  them  the  first  cut  of  their  victuals ; 
they  would  not  eat  the  hollow  of  the  thigh  of  any 
thing  they  killed.  Their  chief  employment  was  hunt- 
ing, fishing,  and  fowling;  making  canoes,  bowls, 
and  other  wooden  and  earthen  ware ;  in  all  which  they 
were,  considering  the  means,  ingenious  :  In  their  earthen 
bowls  they  boiled  their  water.  Their  women's  business 
chiefly  consisted  in  planting  Indian  corn,  parching  or 
roasting  it,  pounding  it  to  meal  in  mortars,  or  breaking 
it  between  stones,  making  bread,  and  dressing  victuals ; 
in  which  they  were  sometimes  observed  to  be  very  neat 
and  cleanly,  and  sometimes  otherwise :  They  also  made 
mats,  ropes,  hats  and  baskets,  (some  very  curious) 
of  wild  hemp  and  roots,  or  splits  of  trees :  Their  young 
women  were  originally  very  modest  and  shame-faced^ 
and  at  marriageable  ages  distinguished  themselves  with 
a  kind  of  work'd  mats,  or  red  or  blue  bays,  interspersed 
with  small  rows  of  white  and  black  wampum,  or  half 
rows  of  each  in  one,  fastened  to  it,  and  then  put  round 
the  head,  down  to  near  the  middle  of  the  forehead  :  Both 
young  and  old  women  would  be  highly  offended  at  in- 
decent expressions,  unless  corrupted  with  drink.  The 
Indians  would  not  allow  of  mentioning  the  name  of  a 
friend  after  death  :  They  sometimes  streaked  their  faces 
with  black,  when  in  mourning ;  but  when  their  affairs 
went  well,  they  painted  red :  They  were  great  observers 
of  the  weather  by  the  moon ;  delighted  in  fine  cl oaths  ; 
were  punctual  in  their  bargains,  and  observed  this  so 
much  in  others,  that  it  was  very  difficult  for  a  person 

who 


OF    NEW-JERSEY.  139 

who  had  once  failed  herein,  to  get  any  dealings  with  A.  D. 
them  afterwards.  In  their  councils  they  seldom  or  never 
interrupted  or  contradicted  one  another,  till  two  of  them 
had  made  an  end  of  their  discourse  ;  for  if  ever  so  many 
W«TO  in  company,  only  two  must  speak  to  each  other, 
and  the  rest  be  silent  till  their  turn  :  Their  language  was 
high,  lofty,  and  sententious:  Their  way  of  counting 
was  by  tens,  that  is  to  say,  two  tens,  three  tens,  four 
tens,  &c.  when  the  number  got  out  of  their  reach, 
they  pointed  to  the  stars,  or  the  hair  of  their  heads. 
They  lived  chiefly  on  maze,  or  Indian  corn  roasted  in 
tlit-  ashes,  sometimes  beaten  and  boiled  with  water,, 
called  homine;  they  also  made  an  agreeable  cake  of 
their  pounded  corn;  and  raised  beans  and  pease ;  but 
the  woods  and  rivers  aiforded  them  the  chief  of  their 
provisions :  They  pointed  their  arrows  with  a  sharpened 
flinty  stone,  and  of  a  larger  sort,  with  withs  for  handles, 
cut  their  wood  ;  both  of  these  sharpened  stones  are  often 
found  in  the  fields.  Their  times  of  eating  were  commonly 
morning  and  evening ;  their  seats  and  tables  the  ground  : 
They  were  naturally  reserved,  apt  to  resent,  to  conceal 
their  resentments,  and  retain  them  long ;  they  were  liberal 
and  generous,  kind  and  affable  to  the  English :  They 
were  observed  to  be  uneasy  and  impatient  in  sickness  for 
a  present  remedy,  to  which  they  commonly  drank  a 
decoction  of  roots  in  spring  water,  forbearing  flesh, 
which  if  they  then  eat  at  all,  it  was  of  the  female. 
They  took  remarkable  care  of  one  another  in  sickness, 
while  hopes  of  life  remained;  but  when  that  was  gone, 
some  of  them  were  apt  to  neglect  the  patient.  Their 
government  was  monarchical  and  successive,  and  mostly 
of  the  mother's  side,  to  prevent  a  spurious  issue.  /•  They 

commonly 

/.  That  is,  the  children  of  him  now  king,  will  not  succeed, 
but  his  brother  by  the  mother,  or  children  of  his  sister,  whose  son* 
(and  afu-r  thiMii  the  male  children  of  her  daughters)  were  to  reign;, 
for  no  woman  inherited. 


140  THE    HISTORY 

A.  D.  commonly  washed  their  children  in  cold  water  as  soon 
as  born  ;  and  to  make  their  limbs  straight,  tied  them  to 
a  board,  and  hung  it  to  their  backs  when  they  travelled  ; 
they  usually  walked  at  nine  months  old :  Their  young 
men  married  at  sixteen  or  seventeen  years  of  age,  if  by 
that  time  they  had  given  sufficient  proof  of  their  man- 
hood, by  a  large  return  of  skins :  The  girls  married 
about  thirteen  or  fourteen,  but  stay'd  with  their  mothers 
to  hoe  the  ground,  and  bear  burthens,  &c.  for  some 
years  after  marriage :  The  women,  in  travelling,  gene- 
rally carried  the  luggage:  The  marriage  ceremony 
was  sometimes  thus  ;  the  relations  and  friends  being 
present,  the  bridegroom  delivered  a  bone  to  the  bride, 
she  an  ear  of  Indian  corn  to  him,  meaning  that  he 
was  to  provide  meat,  she  bread :  It  was  not  unusual 
notwithstanding,  to  change  their  mates  upon  dis- 
agreement; the  children  went  with  the  party  that 
loved  them  best,  the  expence  being  of  no  moment  to 
either;  in  case  of  difference  on  this  head,  the  man 
was  allowed  the  first  choice  if  the  children  were  divided 
or  there  was  but  one.  Very  little  can  be  said  as  to  their 
religion  ;  much  pains  were  taken  by  the  early  Christian 
settlers,  and  frequently  since,  to  inform  their  judg- 
ments respecting  the  use  and  benefit  of  the  Christian 
revelation,  and  to  fix  restraints;  but  generally  with 
unpromising  success,  tho'  instances  have  now  and  then 
happened  to  the  contrary :  They  are  thought  to  have 
believed  in  a  God  and  immortality,  and  seemed  to  aim 
at  publick  worship ;  when  they  did  this,  they  some- 
times sat  in  several  circles  one  within  another ;  the 
action  consisted  of  singing,  jumping,  shouting  and  danc- 
ing ;  but  mostly  performed  rather  as  something  handed 
down  from  their  ancestors,  than  from  any  know- 
ledge or  inquiry  into  the  serious  parts  of  its  origin : 
They  said  the  great  king  that  made  them,  dwelt  in  a 

glorious 


OF    NEW-JERSEY.  141 

glorious  country  to  the  southward,  and  that  the  spirits        A.  D. 

of  the  best  should  go  there  and  live  again  :   Their  most 

solemn  worship  was  the  sacrifice  of  the  first  fruits,  in 

which  they  burnt  the  first  and  fattest  buck,  and  feasted 

i-ijvili.T  upon  what  else  they  had  collected;  but  in  this 

sacrifice  broke  no  bones  of  any  creature  they  eat;  when 

done,  they  gathered  and  buried   them  very  carefully; 

then-  have  since  been  frequently  ploughed   up:    They 

distinguished   between  a  good   and   evil .  man-etta,   or 

spirit ;  worshiped  the  first  for  the  good  they  hoped  ;  and 

of  them  are  said  to  have  been  slavishly  dark  in 

praying  to  the  last  for  deprecation  of  evils  they  feared; 

but  if  this  be  true  in  a  general  sense,  some  of  the  tribes 

much  oonceaPd  it  from  our  settlers :    They  did  justice 

upon  one  another  for  crimes  among  themselves,  in  a 

way  of  their  own  ;    even  murder  might  be  attoned  for 

by  feasts,  and  presents  of  wampum ;    the   price  of  a 

woman  kill'd  was  double,  and  the  reason,  because  she 

hr«l  rlii/dri'n.,  which  men  could  not  do. — If  sober  they 

rarely  quarrelled  among  themselves  ;  they  lived  to  sixty, 

seventy,  eighty,  and  more,  before  rum  was  introduced, 

but  rarely  since  :  Some  tribes  were  commcndably  careful 

of  their  aged  and  decrepid,  endeavouring  to  make  the 

remains  of  life  as  comfortable  as  they  could ;  it  was  pretty 

gen  i -rally  so,  except  in  desperate  decays;  then  indeed  as 

in  other  cases  of  the  like  kind,  they  were  sometimes  apt 

to   neglect   them.      Strict   observers   of  property,  yet 

to  the  last  degree,  thoughtless  and  inactive  in  acquiring 

or  keeping  it  :   None  could  excel  them   in    liberality  of 

the   little  they  had,  for  nothing  was  thought  too  good 

for  a  friend;  a  knife,  gun,  or  any  such   thing  given  to 

on.-,    frequently    passed   through    many   hands:    Their 

houses  or  wig-warns  were  sometimes  together  in  towns, 

but    mostly    moveable,   and    occasionally   fixed    near  a 

spring  or  other  water,  according  to  the  convniencies  for 

hunting,  fishing,  basket  making,  or  other  business  of 

that  sort  and  built  with  poles  laid  on  forked  sticks  in 

the 


142  THE    HISTORY 

A.  D.  the  ground,  with  bark,  flags  or  bushes  on  the  top  and 
sides,  with  an  opening  to  the  south,  their  fire  in  the 
middle  ;#•  at  night  they  slept  on  the  ground  with  their 
feet  towards  it ;  their  cloathing  was  a  coarse  blanket  or 
skin  thrown  over  the  shoulder,  which  covered  to  the 
knee,  and  a  piece  of  the  same  tied  round  their  legs, 
with  part  of  a  deer  skin  sewed  round  their  feet  for  shoes ; 
as  they  had  learned  to  live  upon  little,  they  seldom 
expected  or  wanted  to  lay  up  much :  h.  They  were  also 
moderate  in  asking  a  price  for  any  thing  they  had  for 
sale:  When  a  company  travelled  together,  they  gene- 
rally followed  each  other  in  silence,  scarcely  ever  two 
were  seen  by  the  side  of  one  another ;  in  roads  the 
man  went  before  with  his  bow  and  arrow,  the  woman 
after,  not  uncommonly  with  a  child  at  her  back,  and 
other  burdens  besides ;  but  when  these  were  too  heavy, 
the  man  assisted.  To  know  their  walks  again,  in  un- 
frequented woods,  they  heaped  stones  or  marked  trees. 
In  person  they  were  upright,  and  strait  in  their 
limbs,  beyond  the  usual  proportion  in  most  nations ; 
their  bodies  were  strong,  but  of  a  strength  rather  fitted 
>to  endure  hardships  than  to  sustain  much  bodily  labour, 
very  seldom  crooked  or  deformed ;  their  features 
regular;  their  countenances  sometimes  fierce,  in % com- 
mon rather  resembling  a  jew  than  Christian;  the 
colour  of  their  skin  a  tawny  reddish  brown ;  the  whole 

fashion 

' g.  From  the  years  1300  to  1500,  in  the  towns  of  France,  Ger- 
'  many,  and  England,  they  had  scarce  any  but  thatched  houses; 
'and  the  same  might  be  said  of  the  poorer  towns  in  Italy:  And 
'altho'  those  countries  were  over-run  with  woods,  they  had  not  us 
'yet  learned  to  guard  against  the  cold,  by  the  means  of  chimneys, 
'(the  kitchen  excepted)  an  invention  so  useful  and  ornamental  10 
'our  modern  apartments.  The  custom  then  was,  for  the  whole 
'family  to  sit  in  the  middle  of  a  smoaky  hall,  round  a  large  stove, 
'the  funnel  of  which  passed  through  the  ceiling.  Anderson's  hist. 
and  chronological  deduction  of  commerce. 

h.  Sir  William  Temple  somewhere  says,  an  Indian  once  put  the 
-question  to  a  Christian,  to  give  him  a  reason,  why  he  should  labour 
.hard  all  his  davs  to  make  his  children  idle  all  theirs? 


OF    NEW-JERSEY.  143 

fashion  of  their  lives  of  a  piece ;  hardy,  poor  and  A.  D. 
squalid  :  *•  When  they  began  to  drink,  they  commonly 
continued  it  as  long  as  the  means  of  procuring  it 
lasted.  In  drink  they  often  lay  exposed  to  all  the 
inclemencies  of  weather,  which  introduced  a  train  of 
new  disorders  among  them ;  They  were  grave,  even 
to  sadness  upon  any  common,  and  more  so  upon 
serious  occasions;  observant  of  those  in  company, 
and  respectful  to  the  old  ;  of  a  temper  cool  and  delibe- 
rate ;  never  in  haste  to  speak,  but  waited  for  a  certain- 
ty, that  the  person  who  spoke  before  them  had  finished 
all  lie  had  to  say:  They  seemed  to  hold  European 
vivacity  in  contempt,  because  they  found  such  as 
came  among  them,  apt  to  interrupt  each  other,  and 
frequently  speak  all  together:  Their  behaviour  in 
publick  councils,  was  strictly  decent  and  instructive, 
every  one  in  his  turn  was  heard,  according  to  rank  of 
years  or  wisdom,  or  services  to  his  country:  Not  a 
word,  a  whisper,  or  a  murmur,  while  any  one  spoke; 
no  interruption  to  commend  or  condemn;  the  younger 
>ort  were  totally  silent.  They  got  fire  by  rubbing  wood 
of  particular  sorts,  (as  the  antients  did  out  of  the  ivy 
and  bays)  by  turning  the  end  of  a  hard  piece  upon  the 
side  of  one  that  was  soft  and  dry ;  to  forward  the  heat 
they  put  dry  rotten  wood  and  leaves;  with  the  help  of 
lire  and  their  stone  axes,  they  would  fall  large  trees,  and 
afterwards  scoop  them  into  bowls,  &c.  From  their  * 
infancy  they  were  formed  with  care  to  endure  hard- 
ships, to  bear  derision,  and  even  blows  patiently;  at 
least  with  a  composed  countenance:  Though  they 

were 

/.  Uncultivated  :«•*  these  people  are,  in  many  of  their  practices, 
jhen  it  is  considered  how  others  have  refined 'from  circumstances 
equally  low  and  sordid,  if  not  quite  so  savage;  it  seems  to  open  a 
do.-r  of  hope  with  regard  to  some  of  these.  If  we  look  into  Europe, 
we  Khali  tind  that  even  in  their  present  state,  they  are  not  an  abso- 
lutely singular  character.  Vid.  Hist,  of  Ireland,  by  F  Warner, 
L.  L.  D.  lately  published,  Ac. 


144  THE    HISTORY 

A.  D.  were  not  easily  provoked ;  it  was  generally  hard 
to  be  appeased  whenever  it  happened :  Liberty  in 
its  fullest  extent,  was  their  ruling  passion  ;  to  this 
every  other  consideration  was  subservient;  their 
children  were  trained  up  so  as  to  cherish  this  disposition 
to  the  utmost;  they  were  indulged  to  a  great  degree, 
seldom  chastised  with  blows,  and  rarely  chided ;  their 
faults  were  left  for  their  reason  and  habits  of  the 
family  to  correct;  they  said  these  could  not  be  great 
before  their  reason  commenced;  and  they  seemed  to 
abhor  a  slavish  motive  to  action,  as  inconsistent  with 
their  notions  of  freedom  and  independency ;  even 
strong  persuasion  was  industriously  avoided,  as  border- 
ing too  much  on  dependence,  and  a  kind  of  violence 
offered  to  the  will :  They  dreaded  slavery  more  than 
death  :  They  laid  no  fines  for  crimes ;  for  they  had  no 
way  of  exacting  them :  The  attonement  was  volun- 
tary :  Every  tribe  had  particulars  in  whom  they  reposed 
a  confidence,  and  unless  they  did  something  unworthy 
of  it  they  were  held  in  respect :  What  were  denominated 
kings,  were  sachems  distinguished  among  these;  the 
respect  paid  them  was  voluntary,  and  not  exacted  or 
looked  for,  nor  the  omission  regarded :  The  sachems 
directed  in  their  councils,  and  had  the  chief  disposition 
of  lands.  To  help  their  memories  in  treaties,  they 
had  belts  of  black  and  white  wampum ;  with  these 
closed  their  periods  in  speeches,  delivering  more  or 
less  according  to  the  importance  of  the  matter  treated 
of;  this  ceremony  omitted,  all  they  said  passed  for 
nothing:  They  treasured  these  belts  when  delivered 
to  them  in  treaties,  kept  them  as  the  records  of  the 
nation,  to  have  recourse  to  upon  future  contests; 
governed  by  customs  and  not  by  laws,  they  greatly 
revered  those  of  their  ancestors,  and  followed  them  so 
implicitly,  that  a  new  thought  or  action  but  seldom 
intruded.  They  long  remembered  kindnesses,  families 

or 


Or    NEW-JERSEY.  145 

or  particulars  that  had  laid  themselves  out  to  deal  A.D. 
with, 'entertain  and  treat  them  hospitably,  or  even 
fairly  in  dealings,  if  no  great  kindness  was  received, 
were  sure  of  their  trade:  This  also  must  undoubtedly 
be  allowed,  that  the  original  and  more  uncorrupt, 
very  seldom  forgot  to  be  grateful,  where  real  benefits 
had  been  received.  And  notwithstanding  the  stains  of 
pertidy  and  cruelty,  which  in  1754,  and  since,  have  dis- 
o-racrd  the  Indians  on  the  frontiers  of  these  provinces, 
even  these  by  an  uninterrupted  intercourse  of  seventy 
vcars,  ha«l  «m  many  occasions,  given  irrefragable  proofs 
of  liberality  of  sentiment,  hospitality  of  action,  and 
in-previous^'-  that  seemed  to  promise  a  continuation  of 
better  things :  But  o£them  enough  at  present. 

Among 

k.  Witness  the  first  reception  of  the  English,  the  purchases  after- 
wards, their  former  undeviating  candor  at  treaties  in  Pennsylvania, 
and  other  incidents. 

EJ  tract  of  a.  Letter  from  C.  W.  Indian  interpreter  of  a  neighbouring 
government,  to  C.  S.  printer. 

'I  write  this  to  give  an  account  of  what  I  have  observed  amongst 
'  the  indians,  in  relation  to  their  belief  and  confidence  in  a  divine 
'  I'eing,  according  to  the  observations  I  have  made  from  1714,  in 
'time  of  my  youth,  to  this  day.  If  by  the  word  religion,  people 
'  mean  an  assent  to  certain  creeds,  or  the  observance  of  a  set  of  reli- 
'gious  duties,  as  appointed  prayers,  singing,  preaching,  baptism,  &c. 
'or  even  heathenish  worship  ;  then  it  may  be  said,  the  Five  Nations 
'  and  their  neighbours  have  no  religion  ;  but  if  by  religion,  we  mean 
'an  attraction  of  the  soul  to  God,  whence  proceeds  a  confidence  in, 
'and  hunger  after  the  knowledge  of  him  ;  then  this  people  must  be 
'allowed  to  have  some  religion  amongst  them,  notwithstanding  their 
'sometimes  savage  deportment.  For  we  find  amongst*  them  some 
'  tracts  of  a  confidence  in  God  alone,  and  even  sometimes  (though 
'but  seldom)  a  vocal  calling  upon  him:  I  shall  give  one  or  two 
'instances  of  this,  that  fell  under  my  own  observation. 

'In  the  year  1737,  I  was  sent,  for  the  first  time,  to  Onondago, 
'at  the  ilesire  of  the  governor  of  Virginia;  1  set  out  the  latter  end 
'of  February,  very  unexpectedly,  for  a  journey  of  500  English 
'miles,  through  a  wilderness  where  there  was  neither  road  nor 
'path,  and  at  such  a  time  of  year,  when  creatures  could  not  be 
'met  with  for  food;  there  were  a  Dutchman  and  three  Indians 
'  with  me.  When  we  were  150  miles  on  our  journey,  we  came 
'into  a  narrow  valley,  about  half  a  mile  broad,  and  thirty  long, 
'both  sides  of  which  were  encompassed  with  high  mountains,  on 
'which  ihe  snow  lay  about  three  feet  deep;  in  it  ran  a  stream  of 

'water 
K 


146  THE    HISTORY 

A.  D.  Among   a   people  so  immediately  necessary  to  each 

other,  where  property  was  little,  and  the  anxiety  of 

increasing 

'water,  also  about  three  feet  deep,  which  was  so  crooked  that  it 

*  always    extended    from    one  side    of    the   valley   to   the   other; 
'in    order    to    avoid    wading    so    often    through    the    water,   we 
'endeavoured   to   pass  along  on   the  slope  of  the    mountain;    the 
'snow  three  feet  deep,    and   so   hard   froze   on    the   top,    that   we 
'could  walk  upon  it:  We  were  obliged  to  make  holes  in  the  snow, 

*  with  our  hatchets,  that  our  feet  might  not  slip  down  the  mountain  ; 
*and   thus  we  crept  on.      It  happened  that  the  old   Indian's  foot 
'slipt,  and  the  root  of  a  tree  by  which   he  held,  breaking,  he  slid 
'down  the  mountain  as  from  the  roof  of  an  house;    but  happily 
'was  stopt  in  his  fall,  by  the  string  which  fastened   his  pack  hitch- 
'  ing  to  the  stump  of  a  small   tree.      The  two  Indians  could  not 
'come  to  his  aid,  but  our  Dutch  fellow  traveller  did;    and  that 
'not  without  visible  danger  of  his  own  life:    I  also  could  not  put 
'a  foot  forward,  till  I  was  help'd ;    after  which  we  laid  hold  of  the 
'first  opportunity  to  go  down  again  into  the  valley;    which  was 
'not  till  after  we  laboured*  hard  lor  half  an  hour,  with  hands  and 
'feet:  We  had  observed  a  tree  that  lay  di-ectly  off'  from  where  the 
'Indian  fell ;  and  when  we  were  come  down  into  the  valley  again, 
'we  went  back  about  one  hundred  paces,  where  we  saw,  that  if 
'the    Indian    had    slip'd    four    or  five   paces   further,   he   would 
'have  fell  over  a  rock  one  hundred  feet  perpendicular,  upon  craggy 
'  pieces  of  Rocks  below.     The  Indian  was  astonish'd,  and  turn'd 
'quite  pale,  then  with  out  stretched  arms  and  great  earnestness,  spoke 
'  these  words,   /  thank  the  great  lord  and  governor  of  this  worl'l,  in 
1  that  he  has  had  mercy  upon  me,  and  has  been  willing  that  I  should 

*  live  longer ;  which  words  I  at  that  time  sat  down  in  my  journal: 
'This  happened  the  25th  of  March,  1737. 

'The  9th  of  April  following,  while  we  were  yet  on  the  journey, 
*I  found  myself  extremely  weak,  through  the  fatigue  of  so  long  a 
'journey,  and  the  cold  and  hunger  I  had  suffered;  and  there  hav- 
'ing  fallen  a  fresh  snow  of  about  twenty  inches  deep,  also  being  yet 
'three  days  journey  from  Onondago,  in  a  frightful  wilderness;  my 
'spirit  failed,  my  body  trembled  and  shook  ;  I  thought  I  should 
'fall  down  and  die;  I  step'd,  aside,  and  sat  me  down  under  a  tree, 
'expecting  there  to  die:  My  companions  soon  missed  me;  the 
'Indians  came  back,  and  found  me  sitting  there:  I  told  them  in 
'one  word,  I  would  go  no  further,  I  would  die  there.  They  remained 
'silent  a  while,  at  last  the  old  Indian  said,  My  dear  companion,  thou 
' hast  hitherto  encouraged  us,  wilt  thou- now  quite  give  up?  Remember 
1  that  evil  days  are  better  than  good  days ;  for  when  we  suffer  much 
(we  do  not  sin;  and  sin  will  be  drove  out  of  us  by  suffering;  but 
'good  days  cfiuse  men  to  sin}  and  God  cannot  extend  his  mercy  to  them / 
lbut  contrarywise,  when  it  goeth  evil  with  us,  God  hath  compassion 
fupon  us.'  These  words  made  me  ashamed;  I  rose  up,  and  travel- 
'  led  on  as  well  as  I  could. 

'The 


OF    NEW-JERSEY.  147 

increasing   it   less;    the   intercourse   naturally   became        A.  D. 
free  and  unfettered  with  ceremony :    Hence  every  one 
had-  his  eye  upon  his  neighbour;    misunderstandings 
and  mistakes  were  easily  rectified.      No  ideas  of  state 

or 

'  The  next  year  I  went  another  journey  to  Onondago,  in  cora- 
'p.tnv  with  .Joseph  Spanhenberg,  and  two  others.  It  happened 
'that  an  In<li;in  carne  to  us  in  the  evening,  who  had  neither  shoes, 
'stockings,  shirt,  gun,  knife,  nor  hatchet;  in  a  word,  he  had 
'nothing  but  and  old  torn  blanket,  and  some  rags,  upon  enquiring 
'whither  he  was  going?  he  answered  to  Onondago.  I  knew  him, 
'and  asked  how  he  could  undertake  to  go  a  journey  of  three  hun- 
dred mil'1*,  so  naked  and  unprovided;  having  no  provisions, 
'nor  any  arms  to  kill  creatures,  for  his  sustenance?  he  answered, 
'he  had  been  amongst  enemies,  and  had  been  obliged  to  save  him- 
<  sell' l,y  llight,  and  so  had  lost  all.  This  was  true  in  part;  for  he 
'had  disposed  of  some  of  Ifcis  things  amongst  the  Irish,  for  strong 
'liquors.  Upon  further  talk,  he  told  me  very  ehearfully;  that 
c  God  fed  every  thing  which  had  life,  even  the  rattle-snake  itself,  the? 
'  it  was  a  bad  creature ;  and  that  God  would  also  provide  in  xuch  a 
'manner,  that  he  should  come  alive  to  Onondat/o  ;  he  knew  for  certain 
''that  he  should  go  there;  that  it  wast  visible  God  was  with  the 
'  Indians  in  the  wilderness,  because  they  always  ca*t  their  care  upon 
( lii ni;  but  that  contrary  to  this,  the'  Europeans  always  carried  bread 
*  with  them.  He  was  an  Onondago,  his  name  was  Anontagketa: 
'•  The  next  day  we  travelled  in  company;  and  the  day  following, 
'  1  provided  him  with  a  knife,  hatchet,  flint,  and  Under,  also  shoes 
'and  stockings,  and  sent  him  before  me  to  give  notice  to  the 
'council  at  Onondago,  that  I  was  coming;  which  he  truly  per- 
'  formed  ;  being  got  thither  three  days  before  us. 

'  Two  years  ago  I  was  sent  by  the  governor  to  Shamokin,  on 
'account  of  the  unhappy  death  of  John  Armstrong,  the  Indian 
'trader:  After  I  had  performed  my  errand,  there  was  a  feast  pre- 
'  pared,  to  which  the  governor's  messengers  were  invited:  There 
'were  about  one  hundred  persons  present,  to  whom  (after  we  had 
'in  great  silence  devoured  a  fat  bear)  the  eldest  of  the  chiefs  made 
'a  speech,  in  which  he  said,  that  by  a  great  misfortune,  three  of 
lt/it-ir  brethren  the  white  men,  had  been  killed  hy  an  Indian;  that 
'  ntvertheUn  thr.  sun.  was  not  .sr/,  (meaning  there  was  no  war)  it 
'had  ()>'>'»  only  somewhat  darkened  by  a  small  cloud,  which  was  now 
1  dnn>  •  'hat  had  dm, I'  i'i-i/.  in ix  like  to  be  punished,  and  the 

'land  to  remain  in  pi-ace;  therefore  he  exorted  his  people  to 
'thankfillnett  to  (;<><!;  and  thereupon  began  to  sing  with  an  awful 
'  suit  innitv,  but  without  expressing  any  words:  the  others  accom- 
'pmied  him  wiih  their  voices:  After,  they  had  done,  the  same 
'  Indian,  with  great  earnestness,  spoke  these  words,  Thanks,  thanks 
1  b*-  In  tiff,  tliou  (jreat  lord  of  the  world,  in  that  thou  hast  again 
'caused  the  nun  to  uAine,  and  hast  dispersed  the  dark  cloud;  the  Indians 
'are  thine.' 


148  THE    HISTORY 

A.  D.  or  grandeur ;  no  homage  of  wealth,  office,  birth, 
rank  or  learning ;  no  pride  of  house,  habit,  or  furni- 
ture ;  very  little  emulations  of  any  kind  to  interrupt ; 
and  so  much  together,  they  must  be  friends,  as  far  at 
least,  as  that  term  could  be  properly  applied  to  them ; 
this  was  general  in  some  of  the  tribes:  Attachments 
of  particulars  to  each  other  were  constant  and  steady ; 
and  in  some  instances  far  exceeding  what  might  be 
expected.  Companies  of  them  frequently  got  to- 
gether to  feast,  dance,  and  make  merry ;  this  sweetned 
the  toils  of  hunting;  excepting  these  toils,  and  the 
little  action  before  described,  they  scarcely  knew  any : 
A  life  of  dissipation  and  ease,  of  uncertainty  and 
want,  of  appetite,  satiety,  indolence  and  sleep,  seemed 
to  be  the  sum  of  the  character,  and  chief  that  they 
aim'd  at. 

Notwithstanding  their  government  was  successive, 
it  was,  for  extraordinary  reasons,  sometimes  ordered 
otherwise;  of -this  there  is  an  instance  in  the  old  king 
Ockanickon,  who  dying  about  this  time  at  Burlington,, 
declared  himself  to  this  effect : 

'  It  was  my  desire,  that  my  brother's  son  lahkursoe, 
'  should  come  to  me,  and  hear  my  last  words ;  for  him 
'  have  I  appointed  king  after  me. 

'  My  brother's  son,  this  day  I  deliver  my  heart  into 
*  your  bosom ;  and  mind  me.  I  would  have  you  love 
'  what  is  good,  and  keep  good  company ;  refuse 
'  what  is  evil  and  by  all  means  avoid  bad  company. 

1  Now  having  delivered  my  heart  into  your  bosom, 
6 1  also  deliver  my  bosom  to  keep  my  heart  in ;  be  sure 
'  always  to  walk  in  a  good  path,,  and  if  any  Indians 
'  should  speak  evil  of  Indians  or  Christians,  do  not  join 
1  in  it,  but  look  at  the  sun  from  the  rising  of  it  to  the 
'  setting  of  the  same :  In  speeches  that  shall  be  made 
'  between  the  Indians  and  the  Christians,  if  any  wrong 
'  or  evil  thing  be  spoken,  do  not  join  with  that ;  but 

'join 


OF    NEW-JERSEY.  149 

*  join  with  the  good  :    When  speeches  are  made,  do  not        A.  D. 
<  you  spruk  first;  be  silent  and  let  all  speak  before  you, 

'and  take  good  notice  what  each  man  speaks,  and 
'  when  you  have  heard  all,  join  to  that  which  is 

od. 

'  />Vo///,r'x  son,  I  would  have  you  cleanse  your  ears, 
'  and  take  all  foulness  out,  that  you  may  hear  both 
'good  and  evil,  and  then  join  with  the  good  and 
'  rcf'nso  the  evil;  and  also  cleanse  your  eyes,  that  you 
1  may  see  good  and  evil,  and  where  you  see  evil,  do 
1  not  join  with  it,  but  join  to  that  which  is  good. 

'Brother's  son,  you    have  heard   what   has  passed; 

1  stand  up  in  time  of  speeches;  stand  in  my  steps,  and 

'  follow  my  speeches;   this  do,  and  what  you  desire  in 

-on  will  be  granted:     Why  should  you  not  follow 

'  my  example?     I  have  had  a  mind  to  be  good  and  do 

*  good,  therefore  do  you  the  same  :    Sheoppy  and  Swam- 
1  i»i*  \\<TO  to  be  kings  in  my  stead,  but  understanding 
4  by  my  doctor,  that  Sheoppy  secretly  advised  him  not 
'  to  cure  me,  and  they  both  being  with  me  at  John 
e  Hol/insliead's  house,  I  myself  saw  by  them,  that  they 
'  wore  given  more  to  drink,  than  to  take  notice  of  my 
'  \:\<\  words;  for  I  had  a  mind  to  make  a  speech  to 
'them,  and  to  my  brethren,  the  English  commission- 
'  er< ;   therefore  I  refuse  them  to  be  kings  after  me,  and 

*  have  now  chosen  my  brother's  son  lahkursoe  in  their 
'  stead  to  succeed  me. 

*  Ili-othcrx  son,  I  advise  you  to  be  plain  and  fair  with 
'all,  both  Indians  and  Christians,  as  I  have  been;  I 
•'am  very  weak,  otherwise  I  would  have  spoken  more/ 

After  the  Indian  had  delivered  this  counsel  to  his 
nephew,  T.  Budd,  one  of  the  proprietors,  being 
•it,  took  the  opportunity  to  remark,  that  there 
?/vfx  n  </r«it  CrW,  7r//o  created  all  tilings;  that  he  gave 
inn,i  tin  nnil.-rsttnuHtir/  of  what  was  good  and  bad  ;  and 
(ifd-i-  thix  life  n-mt riled  the  good  with  blessings,  and  the 

bad 


150 


THE    HISTORY 


A.D. 

1682. 


bad  according  to  their  doings :  He  answered,  it  is  very 
true,  it  is  so  ;  there  are  two  ways,  a  broad  and  a  straight 
way  ;  there  are  two  paths,  a  broad  and  a  straight  path  ; 
the  worst  and  the  greatest  number  go  in  the  broad,  the 
best  and  fewest  in  the  straight  path.  This  king  dying 
soon  afterwards,  was  attended  to  his  grave  in  the  Qua- 
kers burial  place  in  Burlington,  with  solemnity  by  the 
Indians  in  their  manner,  and  with  great  respect  by 
many  of  the  English  settlers;  to  whom  he  had  been  a 
sure  friend. 


A  large 
ship  with 
passengers 
to  West- 
Jersey. 


CHAP.    IX. 

Another  ship  arrives  at  West- Jersey  :.  Proceedings  of  the 
general  assembly  of  West  Jersey :  Sir  George  Carteret's 
death  :  Conveyance  to  the  twelve  eastern  proprietors  z 
Their  proposals  and  regulations  in  several  respects ; 
particularly  in  disposing  of  lands  and  building  a  town 
at  Ambo  Point:  The  twelve  proprietors  each  take  a 
partner,  and  thence  are  called  the  twenty -f our  ;  to 
whom  the  D.  of  York  makes  a  third  and  last  grant :. 
The  twenty-four  establish  the  council  of  proprietors  of 
East  Jersey,  on  the  footing  it  now  is  :  A  general  view 
of  the  improvements  in  East- Jersey,  in  1682  :  A  com- 
pendium of  some  of  the  first  laws  passed  at  Elizabeth- 
Town:  Doubts  started  whether  the  government  of 
West  Jersey  was  granted  with  the  soil:  Jenings 
continued  governor  of  West  Jersey  ;  and  laws  now 
passed  there. 

IN  the  year  1682,  a  large  ship  of  550  tuns  burthen 
arrived   at  West  Jersey,  which   got  a-ground  in 
Delaware  bay;    where,  after  laying  eight  days,  by  a 
favourable  wind  and  tide,  got  off;   and  coming  up  the 
river,  landed  her  passengers>  being  three  hundred  and 

sixty 


OF    NEW-JEESEY.  151 

sixty  in  number,  between  Philadelphia  and  Burlington  A.  D. 
on  the  Jersey  shore;  Their  provisions  being  nigh  gone, 
they  scut  ten  miles  to  an  Indian  town  near  Rankokus 
creek,  for  Indian  corn  and  pease :  The  king  of  this 
tribe  being  then  there,  treated  them  kindly,  and 
directed  such  Indians  as  had  provisions,  to  bring  it  in 
next  morning,  who  accordingly  brought  plenty; 
which  being  delivered  and  put  in  bags,  the  messengers 
took  leave  of  the  king;  who  kindly  ordered  some  of 
the  Indians  to  carry  their  bags  for  them  to  their  canoes. 

The  assembly  of  West-Jersey  having,  at  their  last  Meetings 
sitting,  adjourn'd  to  the  first  of  second  month  this  year,  wLt^Jer- 
met ;  but  not  being  a  full  house,  they  adjourned  to  the  se7  Assem- 
fourteenth,  and  then  dissolved  themselves  without  doing 
any  business :  Another  being  called,  sat  from  the  second 
to  the  eleventh  of  the  first  month  following ;  the  mem- 
bers returned  by  the  sheriff  for  the  respective  tenths,  to 
serve  in  this  assembly,  were,  Thomas  Olive,  speaker, 
Mahlon  Stacy,  Joshua  Wright,  John  Lambert,  Tho- 
mas Lambert,  William  Emley,  Godfrey  Hancock, 
Daniel  Leeds,  Thomas  Wright,  Samuel  Borden,  Robert 
Stacy,  Thomas  Budd,  Daniel  Wills,  sen.  Thomas  \ 
Gardiner,  John  Crips,  John  White,  John  Chaffm,  Ber- 
nard Davenish,  Isaac  Marriott,  William  Peachy,  Wil- 
liam Cooper,  Mark  Newby,  Thomas  Thackery,  Robert 
Zane,  James  Nevil,  Richard  Guy,  Mark  Reeves, 
Richard  Hancock,  John  Smith,  John  Pledger,  Ed- 
ward Wade,  George  Deacon,  and  Samuel  Hedge : 
Hitherto  the  members  had  been  chosen  by  the  electors 
from  all  the  tenths  indiscriminately  ;  but  this  assembly 
declared  it  their  judgment,  and  the  judgment  of  those 
they  represented,  that  the  most  regular  method  for 
I  n  MTV  inn;  the  liberty  and  property  of  the  people  by  a 
free  assembly,  was,  that  such  of  the  ten  proprieties, 
as  were  now  peopled,  should  each  chuse  ten  representa- 
tives (and  the  others  also  as  they  became  peopled)  and 

resolving, 


152  THE    HISTORY 

A.  D.  resolving,  that  twenty-four,  the  speaker  one,  should 
make  the  quorum,  they  chose  the  council,  justices, 
commissioners  for  laying  out  land,  and  other  officers.*- 

This  done,  the  governor,  council  and  assembly, 
passed  sundry  laws ;  some  of  which  were  in  substance, 
that  each  of  the  ten  proprietors  should  have  liberty  to 
sell  as  far  as  five  hundred  acres  of  land,  within  their 
respective  tenths,  or  take  such  other  expedient  as  they 
should  judge  fit,  for  defraying  publick  charges,  for 
the  tenths  respectively;  to  which  purpose,  Mahlon 
Stacy  and  Thomas  Lambert  were  appointed  within 
the  first  or  Yorkshire  tenth ;  Thomas  Budd  and  Tho- 
mas Gardiner,  for  the  second  or  London  tenth;  Wil- 
liam Cooper  and  Mark  Newby  for  the  third  or  Irish 
tenth,  and  Samuel  Jenings  and  Thomas  Budd,  within 
the  remaining  six  tenths  :m-  That  the  three  pounds  fine, 
formerly  imposed  on  such  as  sold  rum  or  other  strong 

liquor 

•I.  Those  now  chosen  were, 

Councellors.  Thomas  Olive,  Robert  Stacy,  Mahlon  Stacy,  William 
Biddle,  Thomas  Budd,  John  Chaffin,  James  Nevill,  Daniel 
Wills,  Mark  Newby,  Elias  Farre. 

Justices  for  Burlington.    William  Biddle,  Kohert  Stacy,  Elias  Farre, 
Mahlon  Stacy,  John  Chaffin,  Thomas  Budd,  Benjamin  Scott, 
John  Cripps,  Thomas  Thackery. 
For  Salem.     James  Nevill,  George  Deacon,  Richard  Hancock, 

Edward  Wade. 

Commissioners.     Elias  Farre,  William  Biddle,  Thomas  Budd,  Tho- 
mas Gardiner,  Mark  Newby,  James   Nevill,   Thomas  Olive, 
Robert  Stacy,  Benjamin  Scott,  William  Cooper. 
Sheriff  for  Burlington.     John  White. 

For  Salem.     Thomas  Woodrufie. 

Provincial  clerk  and  recorder,  for  Burlington.     Thomas  Revel. 
For  Salem.     Samuel  Hedge. 
Surveyor.     Daniel  Leeds. 

Constables  for  Yorkshire  tenth.     Robert  Schooley,  John  Pancoast. 
For  London  tenth.     John  Bourten,  William  Brightwen. 
For  the  third  tenth.     Thomas  Sharp. 

TO.  As  for  J.  Fenwick,  who  own'd  the  other  tenth,  they  seem 
here  to  have  left  him  to  his  own  concerns. 


OF    NEW-JERSEY.  153 

liquor  to  the  Indians,  should  go  one  half  to  the  A.  D. 
informer,  the  other  to  the  publick  stock,  where 
the  offence  was  <riv<  n  ;  and  that  every  foreigner 
offending  herein,  should  forfeit  five  pounds,  to  be 
disposed  of  in  like  manner:  —  That  for  the  more  con- 
venient payment  of  small  sums  of  money,  Mark 
NY  why's  coppers,  called  Patrick's  half-pence,*,  should 
pass  as  half-pence  current  pay  ;  provided  he  gave  secu- 
rity to  the  speaker,  for  the  use  of  the  general  assembly 
for  the  time  being,  that  he,  his  executors  and  admi- 
strators  would  dm  Mire  them  on  demand,  and  provided 
none  were  obliged  to  take  more  than  five  shillings  in 
one  payment:  —  Tha^  for  preventing  clandestine  and 
unlawful  marriages,  justices  should  have  power  to 
sok-mni/c  them,  the  parties  having  first  published  their 
intentions  fourteen  days  in  some  publick  place  ap- 
pointed for  that  purpose;  any  justice  presuming  to 
marry  without  the  consent  or  knowledge  of  parents  or 
trustees  (if  such  consent  could  be  reasonably  obtained) 
was  to  be  fined  at  the  discretion  of  the  general  assembly  ; 
of  which  marriage  the  register  was  to  make  publick 
entry  of  the  day  it  was  solemnized  ;  the  births  of  chil- 
dren, and  decease  of  all  persons,  were  also  to  be  entered 
in  the  publick  register  of  the  respective  tenths  :  and  for 
preventing  differences  between  masters  and  servants, 
where  no  covenants  were  made,  all  servants  were  to 
1)  ive,  at  the  expiration  of  their  service,  according  to 
the  custom  of  the  country,  ten  bushels  of  corn,  neces- 
sary apparel,  two  hoes  and  an  ax:  —  That  all  servants 
of  full  age,  wining  into  the  province  without  inden- 
tures, or  other  agreements,  should  serve  four  years, 
from  the  ships  entry,  (to  take  which  entries  custom 
hoii.-e  ollieers  were  before  appointed)  and  that  all  under 
the  age  of  one  and  twenty  years,  who  came  without 

indentures 


/*.  Tin-si-  wriv   Irish  half-pence,  a  parcel  of  which   New  by   had 
brought  in  with  him. 


154  THE    HISTORY 

A.  p.  ;. 

1682.  indentures,  should  within  three  months  after  arrival, 
be  brought  to  the  court,  in  the  district  where  the  party 
resided ;  which  court  was  to  appoint  the  time  of  servi- 
tude : — That  for  preventing  deceits,  lands  should  pay 
debts,  where  personal  estates  were  insufficient : — That 
for  encouragement  of  building  a  saw-mill,  one  thou- 
sand acres  should  be  sold  to  William  Frampton,  to 
accomodate  him  with  land  for  that  purpose ;  and  more 
as  the  governor  and  commissioners  should  judge  con- 
venient : — That  for  better  settling  and  confirmation  of 
lands,  six  of  the  commissioners,  with  the  governor, 
should  (where  there  was  occasion)  make  an  inspection 
into  such  as  were  or  should  be  taken  up ;  that  on  finding 
these  legally  located,  they  might  after  publick  notice  in 
the  court,  and  no  just  reason  .to  the  contrary,  confirm 
the  same  at  the  next  court : — That  there  should  be  four 
courts  of  session  held  at  Burlington  and  Salem  yearly : 

That    the    twenty    pounds    formerly    granted    the 

governor,  the  five  pounds  to  the  speaker,  and  the  five 
pounds  to  the  clerk,  should  be  raised  by  tax ;  nine 
pounds  six  shillings  and  eight  pence  by  the  Yorkshire, 
London  and  Salem  tenths  each,  and  forty  shillings  by 
the  third  tenth;  the  whole,  being  thirty  pounds,  was 
to  be  delivered  to  Thomas  Budd  and  Thomas  Gardiner, 
in  skins,  corn  or  money;  and  the  remainder  of  the 
two  hundred  pounds,  formerly  directed  to  be  raised  to 
defray  the  charges  of  government,  to  be  a  debt  due 
from  the  other  proprieties. 

The  Representatives  of  West- Jersey  continued  to  be 
annually  chosen,  'till  the  surrender  of  the  proprietary 
government,  in  1702.0-  The  council  (who  were 

justices 

o.  In  1699,  a  law  passed  for  reducing  the  number  of  represen- 
tatives to  ten  lor  each  of  the  counties  of  Burlington  and  Gloucester, 
five  for  Salem,  and  three  for  Cape  May  ;  but  this  occasioning  dissa- 
tisfaction, was  repealed,  and  the  number  enlarged  as  formerly,  viz. 
Burlington,  20.  Salem,  10.  Gloucester,  20.  Cape  May,  5. 


OP    NEW-JERSEY.  155 

justices  ex  officio)  justices  of  peace,  and  inferior  A.  p. 
officers  of  government,  were  chosen  by  them;  the 
governor  was  appointed  by  the  proprietors,  who 
governed  them  by  a  deputy,  till  the  succeeding  year ;  • 
when  the  assembly  understanding,  that  Byllinge,  for 
some  selfish  reasons,  inclined  to  turn  Jenings  out, 
who  hud  hitherto  been  deputy  governor,  to  the  general 
satisfaction  of  the  governed ;  they  undertook,  by 
their  choice,  to  continue  him  governor  of  the  pro- 
vince, pretending  a  right  to  do  this,  because  in  the 
constitutions,  power  was  given  to  six  parts  in  seven 
of  the  assembly,  to  make  such  alterations  for  the 
public  good,  (the  laws  of  liberty  of  conscience,  of 
property,  of  yearly  assemblies,  of  juries,  and  of  evi- 
dence, excepted)  as  they  found  necessary;  and  that 
no  advantage  might  be  taken  of  such  judicial  proceed- 
ings, as  had  not  been  exactly  agreeable  to  the  con- 
cessions, they  confirmed  and  ratified  them  all. 

About  this  time,  the  settlers  in  many  parts  were  di- 
stressed  for  food ;  several  got  the  chief  of  what  they 
eat  by  the  gun ;  which,  as  powder  and  shot  were  some- 
times very  scarce,  was  at  best  a  precarious  supply ,p« 

Sir 

p.  Instances  of  their  wants  are  many,  and  the  supplies  sometimes 
unexpected;  the  family  of  John  Hollinshead,  who  lived  near  Ran- 
kokas,  being  unprovided  with  powder  and  shot,  were  in  distress, 
when  Hollinshead  the  younger,  then  a  lad  about  13,  going  through 
a  corn  field,  saw  a  turkey  ;  throwing  a  stick  to  kill  it,  a  second  came 
in  sight;  he  kill'd  both,  and  carried  them  home:  Soon  after,  at  the 
house  of  Thomas  Eves,  he  saw  a  buck;  and  telling  Eves,  he  set 
his  dogs,  who  followed  it  to  Rankokas  river,  then  frozen;  the 
buck  running  on  the  ice,  slid  upon  his  side;  the  dogs  seized  it; 
Hollinshead  coming  up  with  a  kuife,  eagerly  jumped  upon  it; 
the  buck  ros.-  with  him  on  his  back  and  sprung  forward,  his  feet 
•preading  asunder,  slip'd  gently  down  on  his  belly,  and  gave  Hol- 
l.nsheail  a  respite  from  danger,  and  opportunity  of  killing  him: 
By  tlu-.-i-  IIU-UMS  two  l';imilies  were  supplied  with  food  to  their  great 
joy.  These,  and  such  like  instances,  in  a  new  settled  country, 
show,  with  the  distress,  the  relief  that  sometimes  unexpectedly 
attends  it. 


156 


THE    HISTOKY 


A.  D. 
1682. 


Proposals 
of  the  12 
proprie- 
tors. 


they  take 
12  part- 
ners. 


Sir  George  Carteret,  sole  proprietor  of  East-Jersey, 
dying  in  1679,  by  will,  ordered  that  province  to  be 
sold,  to  pay  his  debts ;  which  was  done  accordingly,?- 
by  his  widow  and  executors,  by  indenture  of  lease  and 
release,  bearing  date  the  1st  and  2d  of  February, 
1681—2,  to  William  Penn,  Kobert  "West,  Thomas 
Rudyard,  Samuel  Groome,  Thomas  Hart,  Richard 
Mew,  Thomas  Wilcox,  of  London,  gold-smith, 
Ambrose  Rigg,  John  Haywood,  Hugh  Hartshorne, 
Clement  Plumsted,  and  Thomas  Cooper,  their  heirs 
and  assigns;  who  were  thence  called  the  twelve  pro- 
prietors :  They  being  together  so  seized,  in  this  year 
published  an  account  of  their  country,  a  fresh  project 
for  a  town,  and  method  of  disposing  of  their  lands.7*- 

Their  plan  was  popular,  and  took  much,  especially 
among  the  Scotch,  of  whom  many  had  already  arrived  : 
In  this  and  some  of  the  immediately  succeeding  years, 
came  many  more :  Among  them  was  George  Keith, 
who  some  time  after  became  surveyor  general,  and  was 
accounted  very  skilful  in  the  business. 

The  twelve  proprietors  did  not  long  hold  the  pro- 
vince to  themselves,  but  by  particular  deeds,  took 
each  a  partner;  their  names  were,  James  Earl  of 
Perth,  John  Drummond,  Robert  Barclay,  Robert 
Gordon,  Aarent  Sonmans,  Gawen  Lawrie,  Edward 
Byllinge,  James  Braine,  William  Gibson,  Thomas 
Barker,  Robert  Turner,  and  Thomas  Warne;  these 

with 

q.  His  will  is  dated  December  5,  1678,  he  devises  to  Edward 
earl  of  Sandwich,  John  earl  of  Bath,  Bernard  Grenville,  sir 
Thomas  Crew,  sir  Robert  Atkins,  and  Edward  Atkins,  esq ;  and 
their  heirs,  among  other  lands,  all  his  plantation  of  New-Jersey, 
upon  trust  and  confidence  that  they,  and  the  survivors  and  survivor  of 
them,  and  the  heirs  and  executors  of  the  survivor  of  them,  should 
make  sale  of  all  the  said  premises  ;  and  out  of  the  money  that  should 
upon  such  sale  arise,  pay  and  discharge  debts,  &c.  as  therein  men- 
tioned. 

r.  Vid.  Appendix.  Numb.  iii. 


OF    NEW-JERSEY.  157 

with  the  other  twelve,  are  since  called  the  twenty-four        A.  D: 
prnjji'uiors  :     To  them  the  duke  of  York  made  a  fresh 
grant    of    East-New-Jersey,  bearing   date  the  1 4th  of 
,  1682.  «• 

Tli is   was   the  duke's  third  and  last  grant  of  East- 
:•'•  >o«»n  after  whicli,  the  twenty-four  proprietors, 
by  an  iiistriiiiicnt  under  most  of  their  hands,  established 
a  council  of  proprietors ;  and  gave  them  power  to  ap-    East-Jer- 
point,  oversee,  and  displace   all   officers   necessary  for  cn>ot°pro- 
the  management  of  their  property ;  to  take  care  of  all  prietors. 
lands  belonging  to  the  general  proprietors;    to  demise 
them   for   terms   of  years,   and    to   appoint    dividends 
thereof;   to  examine  the  rights  of  the  particular  pro- 
prietors who  demanded  their  shares  of  those  dividends, 
and  to  "-rant  warrants  to  the  surveyor  general  (whom 
they  ehnsi,'  themselves)  for  the  appropriating  the  quan- 
tity of  acres  due  to  such  share;  to  sue  trespassers  upon 
the  general  proprietors  land ;  and  in  general,  to  manage 
the  ailairs,  which  relate  to  the  said  general  proprietors  : 
This  council  always  to  consist  of  at  least  one  third  of 
the  general  proprietors,  or  their  proxies  ;    and  to  have 
two  general  meetings  yearly,  at  Perth- Am  boy  ;    which 
were  held  immediately  after  the  supreme  courts  there,    Time  of 
but  lately  altered  to  the  first   Tuesday  in  April,  mid  meetin8- 
second  in  September.     In  this  manner  have  the  lands  in 
K -iM-.Irrsey  been  disposed:     Since  the  purchase  of  tJie 
twenty-four,  the  constitution  as  well  as  the  management 
continues  the  same. 

The  province  of  East  New-Jersey  being  now  well 
settled  for  the  time;  its  situation  reduced  to  a  general 
view,  from  the  accounts  then  published  by  secretary 
Nicolls  of  New- York,  appears  to  be  thus  : 

Shrewsbury, 

a.  The  grants  being  already  in  the  hands  of  the  publick,  were 
not  thought  necessary  to  be 'reprinted  here:  See  grants,  conces- 
sions, <&e.  published  by  A.  Learning,  and  J.  Spicer. 

t.  More  full  and  express  th;in  any  that  went  before. 


158 


THE    HISTORY 


A.  D. 

1682. 
Shrews- 
bury. 


Middle- 
town. 


Wood- 
bridge. 


Shrewsbury,  near  Sandy-Hook,  adjoining  the  river 
•or  creek  of  that  name,  was  already  a  township,  con- 
sisting of  several  thousand  acres,  with  large  plantations 
contiguous;  the  inhabitants  were  computed  to  be 
about  400.  Lewis  Morris,  of  Barbadoes,  had  iron 
works  and  other  considerable  improvements  here. 

Middletown  was  supposed  to  consist  of  100  families ; 
several  thousand  acres  allotted  for  the  town,  and  many 
thousands  for  the  several  out  plantations :  John 
Bowne,  Richard  Hartshorne,  and  Nicholas  Davis, 
had  each  well  improved  settlements  here ;  a  court  of 
sessions  was  held  twice  or  thrice  a  year,  for  Middletown 
and  Piscataway,  and  their  jurisdictions :  Several  plan- 
tations were  settled  on  the  north  side  of  Rariton  river, 
below  Piscataway;  several  also  higher  up  Rariton, 
and  about  the  Falls ;  among  which  John  Palmer,  of 
Staten-Island,  Thomas  Codrington,  John  Robinson, 
White  and  company,  and  Edsal  and  company,  of 
New- York,  and  capt.  Corsen,  had  settlements:  Some 
land  was  likewise  located  by  Millstone  river,  up  Rari- 
ton, supposed  to  be  near  the  division  line. 

Woodbridge  had  several  improved  plantations  in 
it,  and  the  country  round;  Delaplairs,  the  surveyor 
general,  was  one  of  the  settlers  here :  This  town 
claimed  more  privileges  than  others ;  was  incorporated 
by  charter,  and  had  erected  a  court  house  and  prison 
(such  as  they  were.)  There  were  here  about  one  hun- 
dred and  twenty  families  ;M-  a  large  quantity  of  land  in 
the  town,  and  for  the  plantations  round,  many  thousand 
acres;  of  which  plantations  there  were  several  on  the 
north  side  of  the  river  that  divides  Elizabeth-Town 
and  Woodbridge.  At 

u.  From  several  erroneous  compulations,  first  published  in 
Nicolls's  account,  hut  here  omitted,  there  may  be  some  reason 
•to  doubt  others:  what  is  here  left,  appeared  probable;  but  if 
there  should  be  thought  any  mistakes  in  names,  number  or  situation  ; 
it  must  be  remembered,  that  it  is  given  only  as  Nicolls's  account  of 


OF    NEW- JERSEY.  159 

At  the  entrance  of  the  creek,  on  the  north  side,  A.  D. 
called  Carteret's  Point,  north  of  Staten-Island,  were 
other  plantations,  from  Elizabeth-Town  to  the  bounds 
of  New-York :  Within  Elizabeth -Town  claim,  was 
a  settlement  in  partnership  between  the  proprietor 
( 'arteret,  and  governor  P.  Carteret;  the  latter  had 
built  a  house  and  resided  here;  the  town  was  supposed 
to  consist  of  one  hundred  and  fifty  families. 

On  the  north  of  Milford  or  Newark  river,z.  is  a  large 
tract  belonging  to  Kingsland  and  Sanfoord:  Higher 
up  the  river,  another  to  capt.  Berrie;  who  dividing  it, 
several  plantations  were  soon  settled  on  it :  Still  further 
up  the  river,  an  island  belonging  to  Christopher  Hoog- 
land,  of  Newark ;  aboVe  that  again,  was  a  large  tract 
owned  by  Jacques  Cartelayne,  and  partners;  who, 
now  made  some  settlement:  These  tracts  were  within 
the  jurisdiction  of  Newark.  Newark  was  then  said 
to  be  a  compact  town,  consisting  of  about  one  hundred 
families. 

Near  the  mouth  of  the  bay,  upon  the  side  of  Over- 
prook  creek,  adjacent  to  Hackinsack  river,  several  of 
the  rich  valleys  were  then  settled  by  the  Dutch ;  and 
near  Snakehill  was  a  fine  plantation,  owned  by  Pin- 
horn  and  Eickbe;  for  half  of  which,  Pinhorne  is  said 
to  have  paid  oOOl.  There  were  other  settlements  on 
llaekinsack  river;  and  on  a  creek  near  it,  Sarah 
Kiersted  of  New- York,  had  a  tract  given  her  by  an 
old  Indian  sachem,  for  services  in  interpreting 
between  the  Indians  and  Dutch,  on  which  several 
families  were  settled:  John  Berrie  had  a  large  planta- 
tion, two  or  three  miles  above,  where  he  then  lived, 
and  had  considerable  improvements;  as  had  also  near 
him,  his  son  in  law  /SW///,  and  one  Baker  from  Barba- 
dos :  On  the  west  side  of  the  creek,  opposite  to  Berrie, 

were 
x.  Second  River. 


160  THE    HISTORY 

A.  D.  were  other  plantations;  but  none  more  northerly. 
There  was  a  considerable  settlement  on  Bergen  point, 
then  called  Constable  Hook,  and  first  improved  by 
Edsall,  in  Nicolls's  time.  Other  small  plantations 
were  improved  along  Bergen  neck,  to  the  east,  be- 
tween the  point  and  a  little  village  of  twenty  families: 
Further  along  lived  sixteen  or  eighteen  families ;  and 
opposite  New- York,  about  forty  families  were  seated ; 
southward  from  this,  a  few  families  settled  together 
at  a  place  called  the  Duke's  Farm;  and  further  up 
the  country,  was  a  place  called  Hobuck,  formerly 
own'd  by  a  Dutch  merchant,  who,  in  the  Indian 
wars  with  the  Dutch,  had  his  wife,  children  and  ser- 
vants murdered  by  the  Indians,  and  his  house  and 
stock  destroyed  by  them  ;y-  but  it  was  now  settled 
again,  and  a  mill  erected  there :  Along  the  river  side, 
to  the  north,  were  lands  settled  by  William  Lawrence, 
Samuel  Edsal  and  capt.  Beinfield ;  and  at  Haversham, 
near  the  High  Lands,  governor  Carteret  had  taken  up 
two  large  tracts;  one  for  himself,  the  other  for  An- 
drew Campyne  and  company;  which  were  now  but 
little  improved :  The  plantations  on  both  sides  of  the 
Neck,  to  its  utmost  extent,  as  also  those  at  Hackinsack, 
were  under  the  jurisdiction  of  Bergen  town,  situate 
about  the  middle  of  the  Neck  ;  where  was  a  court  held 
by  select  men  or  overseers,  consisting  of  four  or  more 
in  number,  as  the  people  thought  best",  chose  annually 
to  try  small  causes,  as  had  been  the  practice  in  all  the 
rest  of  the  towns  at  first :  Two  courts  of  sessions  were 
held  here  yearly,  from  which,  if  the  cause  exceeded 
twenty  pounds,  the  party  might  appeal  to  the  governor, 
council  and  court  of  deputies  or  assembly. 

Bergen 

y.  That  there  were  such  wars  or  skirmishes  between  the  Dutch  and 
Indians,  we  see  is  confirmed  by  concurring  accounts:  See  before  a 
note,  p.  24,  &c.  and  p.  64,  65. 


OF    NEW-JERSEY.  161 

Bergen   a  compact   town,  had  been  fortified  against        A.  D. 
the  Indians,  contained  about  seventy  families ;  its  inha-  Ber  en 
KS  chiefly  Dutch,  some  of  whom  had  been  settled 
upwards  of  forty  years.     Upon  the  whole  there 
at  this  time  supposed  to  be  about  seven  hundred 
families  titled   in   the  towns  of  East-Jersey;    which, 
;iiino-  live  to  a  family,  were  three  thousand  and  five 
hundred  inhabitants;  besides  the  out  plantations,  which 
were  thought  to  contain   half  as   many  more,  though 
these  could  not  be  so  well  guessed  at. 

P.  Carteret  continued  governor  of  East-Jersey  after 
the  quiuty  partite  division,  till  about  the  year  1681. «• 
His  council  in  1668,  consisted  of  six,  viz. 

Nicholas  Verlet,    Ifobert  Bond,     Robert  Vanquellin, 

Daniel  Pierce,       Samuel  Edsall,  William  Pardon. 

The  assembly  then  consisted  of  twelve;  the  first 
members  were, 

Casper    Steenmets,    Baltazar    Bayard,    for    Bergen. 
John  Ogden,  sen.  John   Brackett,  for  Elizabeth-Town. 
Robert  Treat,  Samuel  Swarne,  for  Newark. 
John  Bishop,  Robert  Dennis,  for  Woodbridge. 
James  Grover,  John  Bound,  for  Middletown. 
The  salne  for  Shrewsbury. 

The  sessions  were  mostly  held  at  Elizabeth-Town, 
but  sometimes  at  Woodbridge,  and  once  .or  more  at 
Middletown  and  Piscataway ;  Some  of  the  first  laws 
as  published  by  the  legislature  at  Elizbeth-Town, 
were  in  substance :  That  persons  resisting  authority, 

should  be  punished  at  the  discretion  of  the  court: 

That 

2.  Hi*  salary  was  generally  50  I.  a  year,  paid  in  country  pro- 
duct, at  prices  fixed  by  law,  and  sometimes  four  shillings  a  day 
besides,  to  di-t'iMv  his  charges  while  a  session  was  held  ;  the  wages  of 
th*»  council  and  assembly  during  their  sitting  in  legislation,  was,  to 
each  member  three  shillings  a  day  :  The  rates,  for  publick  charges 
\vt -iv  levied  at  two  shillings  per  head  for  every  male  above  fourteen 
year<  old. 

L 


162  THE    HISTORY 

A.  D.  That  men  from  16  to  60  years  of  age,  should  provide 
themselves  with  arms,  on  penalty  of  one  shilling  for 
the  first  week's  neglect,  and  two  for  every  week  after : 

That   for  burglary  or  high-way  robbery,  the   first 

offence,  burning  in  the  hand,  the  second,  in  the  fore- 
head, in  both,  to  make  restitution ;  and  for  the  third 
offence,  death: — For  stealing,  the  first  offence,  treble 
restitution,  and  the  like  for  the  second  and  third  offence, 
with  such  increase  of  punishment,  as  the  court  saw 
cause,  even  to  death,  if  the  party  appeared  incorrigi- 
ble; but  if  not,  and  unable  to  make  restitution,  they 
were  to  be  sold  for  satisfaction,  or  to  receive  corporal 

punishment : That     conspiracies     or    attacks    upon 

towns   or   forts,   should    be   death: That    undutiful 

children,  smiting  or  cursing  their  father  or  mother, 
except  provok'd  thereunto  for  self-preservation,  upon 
complaint  of,  and  proof  from  their  parents  or  either 

of  them,  should  be  punished  with  death: That  in 

case  of  adultery,  the  party  to  be  divorced,  corporally 
punished  or  banished,  or  either,  or  all  of  them,  as 
the  court  should  judge  proper: That  for  night- 
walking  and  revelling  after  the  hour  of  nine,  the 
parties  to  be  secured  by  the  constable  or  other  officer 
till  morning,  and  then  not  giving  a  satisfactory  account 
to  the  magistrate,  to  be  bound  over  to  the  next  court, 
and  there  receive  such  punishment  as  should  be  inflic- 
ted : That  the  meeting  of  the  assembly  should  be 

always  on  the  first  Tuesday  in  November,  yearly,  and 
oftner,  if  the  governor  and  council  thought  necessary ; 
and  that  they  should  fix  the  governor's  salary ;  the 
deputies  of  each  town  to  be  chosen  on  the  first  of 
January,  according  to  the  concessions ;  any  deputy 
absenting  himself  at  such  times,  was  to  be  fined  forty 

shillings  for  every  day's  absence : That  thirty  pounds 

should  be  levied  for  provincial  charges,  i.  e.  5  I.  to  be 
paid  by  each  town,  in  winter  wheat  at  five  shillings  a 

bushel 


OF    NEW- JERSEY.  163 

bushel,  summer  wheat  at  four  and  six  pence,  pease  at        A.  T). 

1682 
three  shillings  and    six    pence,   Indian    corn   at  three 

shillings,  rie  at  four  shillings,  barley  at  four  shillings, 
beef  at  two  pence  half-penny  per  pound,  and  pork  at 

three  pence  half-penny : That  no  son,  daughter,  maid 

or  servant,  should  marry  without  the  consent  of  his  or 
their  pan-nis,  masters  or  overseers,  without  being  three 
times  published  in  some  publick  meeting  or  kirk,  near 
the  party's  abode,  or  notice  being  set  up  in  writing  at 
some  publick  house  near  where  they  lived,  for  fourteen 
d:ivs  before;  then  to  be  solemnized  by  some  approved 
minister,  justice  or  chief  officer;  who,  on  penalty  of 
twenty  pounds,  and  to  be  put  out  of  office,  were  to 

marry  none  who  had  not  followed  those  directions: 

That  fornication  should  be  punished  at  the  discretion  of 
the  court,  by  marriage,  fine  or  corporal  punishment; 
and  that  no  life  should  be  taken  but  by  virtue  of  some 
law,  and  the  proof  of  two  or  three  witnesses. 

There  being  doubts  started,  whether  the  government 
of    West   New-Jersey,   had    been    granted    with    the    Doubts  as 
soil,   and    reports    industriously  spread    up  and    down  v°rnment 
the   province,   as   well    as    in    England,   to    the   pre-  jf  ^C8t" 
judice   of    the  possessors   title,  as   they  thought;  the 
nbly    in   the   spring,   this   year,   thought   it   their 
business   to  obviate  this,  and  other  points,  by  unani- 
mously   resolving,    as    to    the    first,    'That   the    land 
4  and     government   of    West   New-Jersey,    were    pur- 
'  <•!)  :i>M(l    together:'       And    that   as    to   the    question, 
'  Whether  the  concessions   agreed    upon   by  the   pro- 

*  prie.ors    and    people,  and   subscribed  in  London  and 

*  ^'  -    u'»-re    agreed     upon    to    be    the    funda- 
(  men!  i!s    and    ground    of    the    government    of    West- 

.   or   not?      Resolved   in  the  affirmative, 

.iue  eontradieente:    only  John  Fenwi«-k   ex.-epted 

'  his  tenth;    which  he  said  at  that  time  was  not  under 

'the 


164  THE    HISTORY 


A.  D.       'the  same  circumstances;   but   now  freely  consenteth 
'  thereto.* 

Jenings  was   at  this   assembly  chosen   governor,  as 

hinted   before,*-  having   hitherto   acted    as    Byllings's 

deputy :      The   commissioners   and    other    officers    of 

Jenings.          government,    being    also   chosen,    they   severally   took 

their   qualifications  ;c-     and    having    agreed,   that    the 

governor 

a.  Proprietary  records,  secretary's  office,  Burlington. 

b.  He  had  for  salary  this  year  a  right  to  take  up  six  hundred 
acres  of  laud  above  the  Falls. 

c.  Respectively  as  follows. 

I.  Samuel  Jenings,  being  elected  governor  of  the  province  of 
West-Jersey,  by  the  general  free  assembly  thereof,  sitting  at  Bur- 
lington, the  eleventh  day  of  the  third  month,  in  the  year  1683, 
do  freely  and  faithfully  promise  (according  to  the  best  of  my  ability) 
to  act  iii  that  capacity  according  to  the  laws,  concessions,  and  con- 
stitutions, as  they  are  now  established  in  the  said  province. 

SAMUEL  JENINGS,  Governor. 

The  engagement  and  promise  of  the  council  elected  by  the  assembly. 
We  underwritten  being  elected  and  chosen  by  the  general  free 
assembly,  members  of  council,  to  advise  and  assist  the  governor  in 
managing  the  affairs  of  the  government,  do  solemnly  promise  every 
one  for  himself,  that  we  will  give  our  diligent  attendance  from 
time  to  time,  and  him  advise  and  assist  to  the  best  of  our  skill  and 
knowledge,  according  to  the  laws,  concessions,  and  constitutions  of 
this  province;  and  do  further  promise  not  to  reveal  or  disclose  any 
secret  of  council,  or  any  business  therein  transacted,  to  the  prejudice 
of  the  public.  Witness  our  hands  the  loth  day  of  the  third  month, 
Anno  1683. 

Thomas  Budd,  Thomas  Gardiner, 

John  Skeen,  Henry  Stacy, 

John  Gosling,  James  Nevill, 

Thomas  Olive,  Elias  Farre. 

William  Biddle, 

The  engagement  and  promise  of  the  commissioners,  justices,  and  other 
officers,  elected  as  aforesaid. 

We  whose  names  are  hereunderwritten,  being  by  the  general 
free  assembly,  chosen  to  officiate  in  our  several  trusts,  commissions 
and  offices  for  the  year  ensuing;  do  hereby  solemnly  promise,  that 
we  will  truly  and  faithfully  discharge  our  respective  trusts,  according 
to  the  laws,  concessions  and  constitutions  of  the  said  province,  in 
our  respective  offices  and  duties,  and  do  equal  justice  and  right  to 
all  men,  according  to  our  best  skill  and  judgment,  without  corrup- 
tion, 


OF    NEW-JERSEY  165 

governor   should    be   chairman,   or   speaker  ;    that  he        A.  D. 
should  sit  as  a  member  with  them,  and  they  together 
with  the  council  ;    and  that  the  chairman  should  have 
a  double  vote  ;   passed  sundry  laws,  among  which  was 
the  following. 

'  And  whereas  it  hath  pleased  God,  to  commit  this  A  West- 

*  country  and    province   into   the  hands    of   such    who       8      aw* 
4  (for   the   generality   of  them)  are   fearing   God,  and 

'  painful  and  industrious  in  the  promoting  and  irn- 
'  proving  the  said  province;  and  for  the  better  prevent- 
'  inir  of  such  as  are  profane,  loose  and  idle,  and 
'  -camlalotis,  from  settling  amongst  us,  who  are,  and 
t  will  be,  not  only  unserviceable,  but  greatly  burthen- 
'  some  to  the  province:  It  is  therefore  hereby  enacted 
'  by  the  authority  afc>resaid,  that  all  person  and  persons, 
'  who  shall  transport  him  or  themselves  into  this  pro- 
'  vince,  shall,  within  eighteen  months  after  he  or  they 

*  shall  arrive  in  the  said  province,  procure  and  produce 
'  a  certificate,  under  the  hands  of  such  of  that  religious 

*  society  to    whom    he    or    they  did    belong,  or  other- 
'  wise   from    two   magistrates   (if    procurable)   or   two 
"  con>tables   or   overseers   of  the   poor,   with  three   or 
•'  more  creditable  persons  of   the    neighbourhood,  who 
'  inhabit  or  belong  to  the  place  where  he  or  they  did 
'  la>t    reside,  as  may  give  satisfaction   (that  is  to  say) 
'  that  he  or  they  came  not  clandestinely  or  fraudently 
'away;    and    if   unmarried,  that  he  or  she  are   clear 
'from    former   engagements    in    that   particular;    and 
1  al>o,  that  he  or  she  are  such  as  live  soberly  and  honestly, 
'to  the  best  of  their  knowledge;  and  that  no  justice 

shall 

tion,  favour  or  affection.  Witness  our  hands  this  15th  of  the 
third  month,  1- 

Th  i  Una's   Olive,  Richard   Guy,  Andrew  Wade,  Andrew 


William  Biddle,  John  Gosling,  John  Skeen,  Mah- 
l<m  Stacy,  Thomas  Olive,  James  Nevill,  Francis  Collins, 
Thomas  Hiidd,  Thomas  Gardiner,  Mark  Newby. 

TlmniH-  Ki-vi'll. 
iS'/j  »:/•//.  Benjamin  Wheat. 
Surveyor.  Daniel  iLeeds. 


166 


THE    H ISTORY 


A.D. 

1683. 


shall  presume  to  marry  any  such  person  or  persons, 
who  shall  come  into  this  province,  before  such  certifi- 
cate  be  produced  ;  or  that  it  be  laid  before  the  gover- 
nor  or  two  justices,  and  give  them  sufficient  satis- 
faction  concerning  their  clearness  ;  and  that  all  such 
person  and  persons  who  shall  settle  in  the  said  province, 
and  shall  refuse  or  neglect  to  produce  such  certificate 
as  aforesaid,  within  the  said  eighteen  months,  shall 
be  fined  at  the  discretion  of  the  governor  and  council 
of  the  said  province,  not  exceeding  twenty  pounds ; 
the  same  to  be  levyed  by  distress  and  sale  on  the 
offender's  goods,  and  to  be  paid  into  the  hands  of 
the  treasurer  of  the  said  province/ 


1683. 


Kobert 
Barclay 
governor. 


CHAP.     X. 

Robert  Barclay  appointed  governor  of  East-Jersey ;  and 
T.  Rudyard  deputy:  Letters  from  Rudyard,  8.  Groome, 
Lawrie  and  others,  concerned  in  that  settlement. 

WE  have  seen  that  the  Scotch  had  a  considerable 
share  in  the  settlement  of  East-Jersey,  many  of 
them  and  a  number  that  arrived  afterwards,  fixed  about 
Amboy,  and  up  Rariton  :  The  twelve  proprietors  ap- 
pointed Robert  Barclay,  (author  of  the  apology) 
governor  for  life  ;d.  and  Thomas  Rudyard,  (a  lawyer 


or 


d.  His  commission. 


'The  proprietors  of  the  province  of  East- New- Jersey.  To  our 
'trusty  and  well  beloved  fellow  proprietor,  Robert  Barclay, 
'  sendeth  greeting : 

'Whereas  the  powers  of  government  of  the  province  of  East- 
'  New-Jersey,  is  devolv'd  upon  us,  and  assigned  to  us,  by  James 
'duke  of  York,  will)  power  to  constitute  and  appoint  such  governor 
'and  commissioners,  for  the  well  governing  of  the  said  province^ 
'as  we  shall  see  meet;  and  we  having  heretofore,  out  of  the  confi- 
'dence  we  had  of  Robert  Barclay,  his  skill,  prudence  and  integrity, 
'constituted  and  appointed  him  governor  of  the  said  province,  to- 
'appoint  a  deputy  during  his  absence  therefrom,  to  be  approved 


OF    NEW-JERSEY.  167 

or  attorney  in  London,  noted  for  his  assistance  at  the  trial        A.  D. 
of   Penn    and    Mead'-)    deputy   governor;    which    last 
arrived  at  his  government,  the   litter  end  of  last,   or 
l)c_u:i nnin^  of  this  year:    His  account  of  the  country 
soon  after  his  arrival,  may  not  be  unacceptable. 

'  Kast-.J«  rsey,  the  30th  of  the  3d  month 
1  Dear  B.  G.  'called  May,  1683. 

'  To  be  as  particular  in  my  turn,  were  but  thy 
'  dm- ;  yet  I  cannot  promise  so  much  ;  however  I  may 
'  o-ivo  thee  some  jrcneral  account  of  the  province,  and 
'of  our  satisfaction  with  our  present  lot,  the  short 
*  time  1  have  experenced  this:  But  to  give  thee  also, 
iliou  desires,  a  character  of  Pennsylvania,  and 
1  West-Jersey,  that  will  be  a  task  I  must  be  excused  to 

'  undertake 

'by  sixteen  of  the  proprietors:  Upon  the  same  reason  and  confi- 
'  deuce,  we  do  hereby  confirm  to  him  the  government  of  the  said 
'  province,  during  all  the  days  of  his  life;  as  to  have  the  power  of 
'the  government  of  all  the  said  province,  and  of  all  isles,  rivers, 
'islands  and  seas  within  the  same,  or  belonging  thereto;  to  do  all 
';ind  every  thing  or  things,  which  to  the  charge  and  office  of  a 
'governor  doth  appertain;  commanding  all  inferior  officers  to 
'  obey  him  as  their  governor,  according  to  this  our  commission,  and 
'the  powers  hereby  given  him,  and  according  to  the  laws  and 
'constitutions  made  or  confirmed  by  us,  or  to  be  made;  which  he 
'himself  i*  to  observe  and  follow;  as  unto  his  duty  and  office  doth 
'appertain.  And  whereas  we  have  agreed,  and  are  satisfied,  for 
'(trtain  good  reasons  and  considerations  moving  us  thereunto,  to 
'commit  this  trust  unto  him,  and  to  give  him  this  character, 
'  without  laying  any  necessity  upon  him  to  repair  to  the  said  pro- 
'  vimv ;  so  likewise  we  have,  and  do  hereby  give  him  power,  from 
'time  to  time  as  need  shall  be,  during  his  absence,  to  name  and 
'constitutes  and  grant  commission,  to  a  deputy  governor  to  serve  in 
'the  said  province;  he  being  always  approved  by  sixteen  of  us  the 
1  unipru'tors,  and  following  the  orders  he  receives  from  us,  accord- 
'  in-  to  tin-  laws  and  constitutions  of  the  said  province. 

•iiiven  under  the  seal  of  the  said  province,  and  signed  by  our 
'hand-;  dated  at  London,  the  17th  of  the  fifth  month  called 
'.July,  in  the  year  of  our  lord,  according  to  the  English  account, 

K.  Han-lay  died  the  third  of  October,  1690,  and  had  continued 
governor  till  1685,  when  lor.l  Neil  Campbell,  uncle  to  the  D.  of 
Aix'yle,  W;H  appointed  governor,  and  came  over  hither. — In 
Io98,  sir  Thomas  Lane  was  governor  of  East-Jersey. 

e.  Vid.  the  trial,  and  Sewel's  hist.  p.  504. 


168  T  H  E    H  I  S  T  O  R  Y 

A.  D.  <  undertake,  lest  I  give  offence,  or  at  least  bring  me 
'  under  censure  as  partial :  Were  I  not  concerned  in 
1  any.  of  the  provinces,  I  might  satisfy  thy  curiosity; 
'  but  being  chiefly  interested  in  this,  Til  be  very  eau- 
'  tious  meddling  with  my  neighbours,  more  than  here, 
'one  with  another;  so  I  may  use  my  freedom  with  my 
'  neighbours,  which  they  take  not  ill,  but  not  write 
'what  may  be  taken  otherways.  They  lie  so  near 
'  adjacent,  that  they  may  be  said  in  a  sense,  to  be  but 
'  one  country ;  and  what's  said  for  one,  in  general  may 
'  serve  for  all.  I  have  been  at  Burlington,  and  at 
'Pennsylvania,  as  far  as  Philadelphia;  which  lies 
'about  twenty  miles  below  Burlington:  That  journey 
'  by  land,  gave  me  some  view  of  all  the  provinces ; 
'and  made  me  considerably  to  estimate  this,  of  East- 
'  Jersey,  having  some  conveniences  esteemed  by 
'  me,  which  the  others  are  not  so  plentifully  furnished 
'  withal,  viz.  fresh  and  salt  meadows,  which  now  are 
'  very  valuable ;  and  no  man  here  will  take  up  a  tract 
'  of  land  without  them,  being  the  support  of  their 
'stock  in  winter;  which  other  parts  must  supply  by 
'  store,  and  taking  more  care  for  English  grass :  But 
'  know,  where  salt  marshes  are  not,  there  is  no  mus- 
'ketoes,  and  that  manner  of  land  the  more  health; 
'  and  this  was  often  answered  me,  when  I  have  been 
'  making  comparisons.  I  must  tell  thee,  their  character 
'  in  print,  by  all  that  reads  it  here,  is  said  to  be  modest, 
'and  much  more  might  have  been  said  in  it's  com- 
'  mendation :  We  have  one  thing  more  particular  to 
'  us,  which  the  others  want  also,  which  is  vast  oyster 
'  banks,  which  is  constant  fresh  victuals,  during  the 
'winter,  to  English,  as  well  as  Indians;  of  these 
'there  are  many  all  along  our  coasts,  from  the  sea, 
'  as  high  as  against  New- York,  whence  they  come  to 
'  fetch  them ;  so  we  are  supplied  with  salt  fish  at  our 
'  doors,  or  within  half  a  tide's  passage ;  and  fresh  fish 
'in  abundance,  in  every  little  brook,  as.  pearch,  trout, 
'  eels,  &c.  which  we  catch  at  our  doors.  Provisions 
'  here  are  very  plentiful,  and  people  generally  well 
'  stocked  with  cattle :  New-York  and  Burlington  have 

'  hitherto 


OF    NEW-JERSEY.  169 

'hitherto  been  their  market;  few  or  no  trading  men  A.  D. 
'being  here  in  this  province:  I  believe  it  hath  been 
'  very  unhappy  heretofore,  under  an  ill  managed 
'government;  and  most  of  the  people  are  such  who 
'  have  been  invited  from  the  adjacent  colonies,  by  the 
'goodness  of  it's  soil,  and  convenient  situation:  At 
'Amhoy  we  are  now  building  some  small  houses,  of 
'  30  feet  long,  and  18  feet  broad ;  fitting  to  entertain 
'work'iien,  and  such  who  will  go  and  build  larger: 
'  The  Drones  lie  exceeding  well  and  good,  up  the  Rari- 
'  ton  river  a  tide's  passage;  and  oyster  shells  upon  the 
'  point,  to  make  lime  withal;  which  will  wonderfully 
'  aecnmodate  us  in  building  good  houses  cheap,  warm 
'  for  winter,  and  cool  for  summer;  and  durable  cover- 
'  ing  for  houses  are  shingles,  oak,  chesnut,  and  cedar; 
have  plentiful  hei^  of  all;  the  last  endures  a  man's 
'  life,  if  he  lives  to  be  old  :  There  is  five  or  six  saw- 
'  mills  going  up  here  this  spring;  two  at  work  already, 

*  which  abates  the  price  of  boards   half  in   half;    and 
'all  other  timber  for  building;    for  altho'  timber  costs 
'  nothing,    yet    workmanship    by    hand,    was    London 
4  pi-ire,   or   near  upon  it,  and  sometimes  more;  which 
'  tiii^c  mills  abate;  we  buy  oak  and  chesnut  boards  no 
'cheaper  than  last  year:    My  habitation  with  Samuel 
'  Groome,    is   at   Elizabeth-Town,   and    here  we   came 
4  first ;  it  lies  on  a  fresh  small  river;  with  a  tide  ships 
'  of  30  or  40  tuns,  come  before  our  doors.     Through- 
'  out  this  town  is  good  English  grass,  and  bears  a  very 
'g-iod  burthen:  We   cannot  call  our  habitations  soli- 
'  tary  ;  lor  what  with  the  publick  employ,  I  have  little 
'  !<->  company  at  my  house  daily,  than  I  had  in  George 
'  Yard;  altho'  not  so  many  passes  by  my  doors :  The 
1  people  arc  generally  a  sober  professing  people,  wise 
4  in  their  generation,  courteous  in  their  behaviour,  and 
'respectful    to   us   in    office   among   them :    As  for   the 

*  temperature-  of  the  air,  it   is  wonderfully  situated   to 
4  the  ^humours.    «,f   mankind;    the    wind   and    weather 
'  rarely  holding  in  one  point,  or  one  kind,  for  ten  days 

iher;   it    is  a   rare   thing    for  a   vessel   to  be    wind 
1  bound    tor   a   week    together,  the  wind  seldom  holding 

'in 


170  THE    HISTORY 

A.  D.  '  in  a  point  more  than  48  hours ;  and  in  a  short  time 
<  we  have  wet  and  dry,  warm  and  cold  weather;  which 
'  changes,  we  often  desire  in  England,  and  look  for 
(  before  they  come ;  yet  this  variation  creates  not  cold, 
'  nor  have  we  the  tenth  part  of  the  colds  we  have  in 
'  England  :  I  never  had  any  since  I  came ;  and  in  the 
'  midst  of  winter  and  frosts,  could  endure  it  with  less 
'  cloaths  than  in  England ;  for  generally  I  go  with 
'  the  same  cloaths  I  used  to  wear  in  summer  with  you ; 
'  but  warm  cloaths  hurt  not.  I  bless  the  Lord,  I  never 
'  had  better  health,  nor  my  family ;  my  daughters  are 

*  very  well  improved  in  that  respect,  and  tell  me  they 
( would  not  change  their  place  for  George  Yard,  nor 

*  would  I.     People  here  are  generally  settled  where  the 
'  tide  reaches ;    and  altho'  this   is  good   land,  and  well 
'  timbered,  and  plentifully  supplied  with  salt  marsh ; 
1  yet  there  is  much  better  land  up  higher  on  the  river, 
'  where  they  may  go  up  with  small  boats,  where  many 
'  now  are  settling.      There's  extraordinary  land,  fresh 
'  meadows  overflowed  in  the  winter  time,  that  produces 
( multitudes   of  winter   corn ;    and    itrs   believed   will 
'  endure  20,  30,  or  50  years  ploughing,  without  inter- 
'  mission,  and  not  decay :  Such  land  there  is  at  Esopus, 
'  on  Hudson's  river,  which  hath  bore  winter  corn  about 
'  20  years,  without  help,  and  is  as  good  as  at  first,  and 
'  better.     William   Penn  took  a  view  of  the  land,  this 
'  last  month,  when  here ;    and  said  he  had  never  seen 
'  such  before  in  his  life :   All  the  English  merchants, 
( and  many  of  the  Dutch,  have  taken,  and  are  desirous 
'  to  take  up  plantations  with  us :    Our  country   here, 
(  called  Bergen,  is  almost  Dutchmen  ;    at  a  town  called 
'  Newark,  seven  or  eight  miles  hence,  is  made  great 
'  quantities  of  cyder ;  exceeding  any  we  can  have  from. 
'  New-England,    Rhode-Island,    or     Long-Island      I 

*  hope  to  make  20  or  30   barrels  out  of  our  orchard 
'  next  year,  as  they  have  done  who  had  it  before  me ; 
'  for  that,  it  must  be  as  providence  orders.     Upon  our 
f  view  and  survey  of  Aniboy  point,  we  find  it  extraor- 
'  dinary  well  situate  for  a  great  town  or  city,  beyond 
( expectation ;    at  low  water,  round   about   the   point, 

'are 


OF    NEW- JERSEY.  171 

'are   oysters   of    two   kinds,   small    as    English,   and        A.  D. 
'others   two  or  three  mouthfulls,  exceeding  good  for 


roasting  and  stewing;  the  people  say,  our  oysters  are 

'irood,  and  in  season  all  stinnner;  the  first  of  the  third 

'  month     I     eat    of    them     at    Amboy     very     good : 

'  The    point    is    good     lively    land,    ten,    some    places 

'twenty    f<>(>t   above   the   water  mark.      About    it   are 

'several  coves,  where  vessels  may  lay  up  conveniently; 

it    ships    of   any    burthen,   may  all    ride 

'  hrfoiv  the  town,  land  lock'd  against  all  winds;   there 

1  Rariton   river  runs  up,  or  rather  down  50,  far  larger 

'  SOUK-  say   100  miles,  for  small  boats.      I  saw  several 

'  vines  upon    the  point,   which    produces,  as  they  say, 

'  <n>o«l   Crapes  in  their  season;   this  country  is  very  full 

them;    but   being    not  present  profit,  few  regard 

1  them  more,  than  to  pick  them  as  they  lay  in   their 

'  wav,  when  they  are  ripe.     We  have  store  of  clams, 

'  esteemed   much  better  than  oysters ;    on   festivals  the 

1  Indians  feast  with  them  ;    there  are  shallops,  but  in 

1  no  great  plenty  :     Fish  we  have  great  store,  as  our 

'  relation   sets   forth ;    but   they  are   very  good   when 

'  catch'd  (as  the  proverb  is.)     I  have  several  barrels  by 

'  me  now,  which  are  good  for  our  table,  and  for  sale. 

'  I  brought  a  sea  net  over  with  me,   which  may  turn 

*  to   good    account;     sea   nets   are   good    merchandize 

'  here ;    mine  cost  me  about  four  or  five  pounds,  and 

'  can  have  twenty  pounds  for  it,  if  I  would  sell  it  now. 

'  I  may  write  of  many  such  matters  in  our  province, 

'  which  may  invite  persons  here ;    but  so  am  resolved 

to  conclude,  knowing  that  in  probability,  there  is  not 

an   industrious  man,  but  by  God's  blessing,  may  not 

only  have  a  comfortable,  but  plentiful  supply  of  all 

things  necessary  for  this  life ;   with  the  salutation  of 

my  true  affection  to  all,  &c.  I  rest 

t  thy  affectionate  friend, 

THOMAS  RUDYARD. 

Samuel  Groome,  one  of  the  proprietors,  and  surveyor 
general  of  East-Jersey,  also  wrote  to  his  fellow  pro- 
prietors, as  follows. 

East- 


172  THEHISTORY 

A.  D.  East- Jersey,  the  llth  of  August, 

1683.  1683. 

f  Friends  and  fellow  proprietors. 

'  Since  my  last  I  have  now  sounded  the  channel  from 
'  Ainboy  to  Sandy-Hook,  and  find  it  to  be  a  broad  and 
'  bold  channel,  in  no  place  less  than  three  fathom 
'at  high-water,  in  ordinary  tides  four,  or  five,  or  six 
'  fathom  except  in  one  short  place  :  Rariton  river  is  a 

*  good  river,  and  hath  a  good  tide  of  flood  overpower- 
'  ing  the  freshes  about  thirty  miles  above  Amboy ;  after 
'it's  flood,  the  tide  hath  no  force  against  the  freshes, 
'  which  come  out  of  several  branches  of  Rariton,  and 
'joins   in  one,  forty  or  fifty  miles   above  Amboy.     I 

*  have  spent  a  considerable  time  in  making  discovery : 
'  I  have  not  as  yet,  had  time  to  lay  out  much  land  for 
4  you,  only  about  seventeen  or  eighteen  thousand  acres 
'in    one   tract,    good     upland,    near    Elizabeth-Town. 
'  I   have  now  seen  the  tract  of  land  against  or  nigh 
'  Amboy  point,  formerly   laid    out  by   Vanquillin ;    it 

*  is  on  the  west  side  of  a  creek  called  Chingerorus,  about 
(  eight  thousand  acres,  and  I  intend  shortly  to  lay  as 
4  much,  or  twice  as  much  more  to  it;  but  first  we  must 
'  talk  with  the  natives  about  that,  and  other  tracts  of 
'  land,  that  they  are  not  yet  paid  for :     The  last  day  of 
'  this  month  is  appointed  to  treat  with  several  Indians, 
4  to  buy  several  exceeding  good  tracts,  nigh  the  head 
'  of  Rariton. 

'  The  tenth  of  next  month  is  also  appointed  to  treat 
4  with  other  Indians,  to  buy  other  tracts  of  choice 
4  meadowing  and  upland,  that  lieth  about  twelve  or 
4  thirteen  miles  up  into  the  country,  which  I  have  seen ; 
'and  when  we  have  accomplished  these  two  things,  we 
4  shall  be  able  to  lay  out  for  you  much  land ;  and  when 
4  I  have  been  up  in  the  country  towards,  and  at  Barna- 
'gat,  and  agreed  with  the  Indians  thereabout,  for  such 
'  land  as  we  may  see  occasion  to  purchase  presently,  in 
4  order  to  a  settlement  there ;  for  here  are  many  both 
'  of  New-England,  New- York,  and  some  parts  of  this 
'  province,  stands  ready  to  sit  down  in  that  part  of  the 
'country,  not  only  for  the  sake  of  the  good  upland 

*  and  meadows,  which  report  saith  is  much  thereabout, 

'but 


OF    NEW-JERSEY.  173 

'  but  also  for  the  sake  of  the  whale  trade,  and  other        A.  D. 

1  fishing  trade,  which  is  like  to  be  there  shortly:     New-         1683< 

'  Kugland-men   and  others,  were  a  tampering  with  the 

'  Indians,  to  have  purchased  there,  before  ami   since  we 

'runic;    but   now  they  are  out  of  hopes  of  coming  in 

'at  that  door;   so  now  they  make  their  addresses  to  us, 

'and  would  have  us  to  purchase  and  let  them  conic  in 

'our  tenants;  or  othcrways  as  we  may  agree:    I  intend 

M<>  attempt   these  things  this  fall:     I    have   not   been 

'  much  on  the  south  side  of  Rariton,  only  upon  some 

'  upland   at  several  places,  and  upon  the  tract  of  eight 

'  thousand    three  hundred  and    twenty  acres    of  yours 

'  aforementioned,  and   also  on  the  meadowing  that  lies 

'  on  the  south  side  of  Rariton  above  Am  boy,  a  year  or 

'two  since  purchased  of  the  Indians,  in  the  name  of 

'  Dame  Carteret,  though  it  was  never  intended  for  her ; 

'  nor  for  any  proprietor;  but  as  it  fell  out,  they  qunr- 

'  relied  about  disposing  and  sharing  thereof;  so  it  is  now 

'  without  controversy  yours.       Now  know,  that  Rariton 

'  river  is  accommodated  on  both  sides  with  salt  and  fresh 

'meadows;   salt  as  far  as  the  salt  sea  water  flows,  or 

'  predominates;    and  fresh  above,  as  the  river  Thames  : 

'  We  have  above  three  thousand    acres  of   meadowing 

'  butting  on  the  river  ;  I  hope  it  will  never  hurt  Amboy 

'town:     Besides,  report   saith,   that    the    upland    next 

'adjoining  to  this   meadowing,  beginning  over  against 

'Amboy,  and   so   up   ten   or  twelve   miles,   to  a  river 

'  that  strikes  out  of  Rariton  south,  and  is  called  South 

'  River,  is  but  mean  land. 

'  It  may  be  well,  if  you  would  agree  to  take  each 
'one  a  twenty  fourth  part  of  lauds  as" we  lay  them  out, 
'  whether  it  be  more  or  less,  or  else  take  five  hundred 
'acre  lots,  and  let  these  lots  be  cast  when  twenty  four 
'  times  five  hundred  acres  is  laid  out ;  and  where  we 
4  can  make  greater  lots,  we  may  We  have  now  got  up 
'three  houses  at  Amboy,  and  three  more  ready  to  be 
'  set  up,  but  workmen  are  scarce,  and  manv  of  them 
'  base ;  the  best  will  work  but  when  they  can  spare 
'  time  out  of  their  plantations  :  If  no  help  comes,  it  will 
'  be  long  e'er  Amboy  be  built  as  London  is ;  housing 

'  will 


174  THE    HISTORY 

A.  D.  'will  bring  a  trade  to  that  place:  The  Indians  come 
'  thither  to  get  fish,  fowl,  oysters,  clams,  mussels, 
'  &c.  (as  people  go  to  market  for  things  they  want) 
'  and  these  Indians  bring  at  seasons,  great  quantities  of 
'  skins  down  Rariton,  so  by  Amboy  and  to  New- York ; 
'  where  they  have  a  continual  supply  of  things  they 
'  want. 

'  Well,  here  is  a  brave  country,  the  ground  very 
1  fruitful,  and  wonderfully  inclinable  to  English  grass  ; 
'as  clover,  &c.  It  predominates  over  the  more  wild 
'  grass,  very  little  barren,  much  dry  upland,  and  good 
'  meadow  :  Some  fenny,  swampy  land,  and  small  run- 
'  ning  brooks  and  rivers,  throughout  all  the  parts  of 

*  the    country    I    have    seen ;     and    these    fenny   and 
f  swampy  lands  bear  great  burdens  of  grass ;    in  short, 
'  the  land    is  four  times  better  than  I  expected.     We 
'  must  needs  be  out  of  some  money  at  present  to  pur- 
'  chase  lands  of  the  Indians,  but  that  will  be  soon  got 
'  in  with  profit,  as  people  come  to  inhabit  and  take  up 
'  land,  and  pay,  as  always  they  have  done,  their  part  of 
'  purchase  from  the  Indians :     Here  is  great  talk  of  the 
1  braveries  of  the  place  and  land :     Barnagat  I  intend 
'  to  see  shortly  after  the  season  is  fitting  to  go  by  land 
'  and  water  to  it ;  I  intend  to  go  by  water  in  a  sloop,  to 
'  see  how  convenient  it  is  by  water,  and  from  thence 

*  come  by  land ;  so  then  I  shall  tell  you  more :   Ye  must 
'  expect  to  be  at  charges  for  doing  these  and  such  other 
'  things :     I  purpose  shortly  to  write  to,  and  demand 
1  of  all  places  the  quit  rents  and  arrears ;  they  generally 
'  say  they  will  pay  :     Capt.  Berrie  is  two  or  three  Imn- 
f  dred  pounds  behind   in    arrears,  as    is  said ;    because 

*  his  case  differs  from  others  a  little,  I'll  (God  per  mi  t- 
( ting)  begin   with  him   first  of  all  about  his  rent,  &c. 
'  and  either  have  rent,  or  land  :     What  you   write  con- 
'  cerning  building  and  repairing,  shall  be  observed  :     I 
1  wish  I  were  fairly  rid  of  all  the  goods  I  have  of  yours, 
'and  my  own,  at  twenty  eight  per  cent,  excepting  such 
1  as  are  for  the  Indian  trade  :     These  parts  of  America 
'  are  accommodated  with  English  goods ;    nevertheless 

*  when  I  pay  workmen  and  labourers,  I  pay  them  goods 

'  rated 


OF    NEW-JERSEY.  175 

*  rated   cent,  per   cent.    New- York    money ;    but  then        A.  p. 

*  I  must  pay  them  two  or  three  parts  silver ;   which  I 

*  procure  with  goods  as  well  as  I  can. 

'  The  houses  at  Amboy  are  thirty  feet  long,  and 
4  sixteen  wide,  ten  feet  betwixt  joint  and  joint,  a 
4  double  chimney  made  with  timber,  and  clay  as  the 
4  manner  of  this  country  is  to  build,  will  stand  in 
4  about  fifty  pounds  a  house;  this  pay  procured  here  for 
4  twenty  live  in  goods  the  first  cost.  I  shall  make  you 

*  no  return  this  year,  seeing  we  are  about  purchasing 

*  an  1  surveying;  all  which  will  run  out  money  in  this 
4  place,  where  men  are  so  scarce  to  be  had;    on  such 
1  accounts,   I  must  as  well  as  I  can,  turn  your  goods 

*  into  money,  provision  and  goods  for  Indians,  I  have 
'  laid  out  Amboy  into  one  hundred  and  fifty  lots,  and 
'  have  sent  home  a  draught  of  it. 

S.  GROOME. 

Gawen  Lawrie  arriving  this  year  deputy  governor 
of  East- Jersey,  under  Robert  Barclay,  chose  a  fresh 
council ;  Richard  Hartshorne  one  of  them :  There 
having  been  considerable  disturbances  in  the  province, 
especially  about  Middletown  and  Woodbridge,  relating 
to  town  affairs;/-  their  prudent  conduct  contributed 
to  the  quiet  of  the  province :  The  two  following  letters, 
wrote  soon  after  Lawrie's  arrival,  contain,  as  well  his 
sentiments  of  the  country,  as  some  of  the  principal 
transactions  of  those  times. 

Gawen  Lawrie,  to  the  proprietors  at  London. 

Kliziilu'ih-Towii,  1  Month  2d,  1684. 

'  I  took  up  several  days  with  countrymen,  and 
'  others,  to  view  the  ground  and  water ;  at  last  I 
'  pitched  upon  a  place,  where  a  ship  of  300  tun  may 
'  ride  safely  within  a  plunk  length  of  the  shore,  at  low 
'  water ;  adjoining  thereto  is  a  piece  of  marsh  ground, 

' about 

/.  In  one  of  these  disturbances,  Lewis  Morris,  afterwards 
overnor  of  New-Jersey,  k-ing  a  party,  wax  taken  prisoner  and 
onfiu'd  in  a  log  house;  his  partizans  prized  up  the  logs  high  enough 
or  hi  in  to  creep  out. 


176  THE    HISTORY 

A.  D.        <  about   twelve    perches    broad,    and    twenty    perches 

1684.        t  \OQgy  an(j  hjgh.  land   on  each  side  like  our  keys  by 

(  London   bridge ;   this  may  be  easy  cut  quite  round, 

*  for  small  vessels  to  come  to  the  key,  and  lie  safe ;  round 
'  this  island    I  set  out  lots  one  acre   apiece,  viz.  four 
'  pole   at   the   key,    and   forty    pole   backward ;     from 
t  thence  along  the  river  near  half  a  mile  :     I  laid  out 
'  the  like  lots  very  pleasant  for  situation,  where  they 
'  can  see  the  ships  coming  in  the  bay  of  sandy  hook, 
'  for  near  twenty  miles ;  the  ships  may  ride  along  by 
'  the  town,  as  safe  as  at  London,  just  at  the  point  by 
1  the  town :     Kariton  river  runs  up  by  the  country,  a 
'  great  way ;    there  boats  of  forty  tuns  may  go ;   and 
1  the  river  by  the  town,  goes  to  New- York,  Hudson's 
'  river,    Long-Island,    Staten-Island,  and    so  to  New- 
'  England  :     There  is  no  such  place  in  all  England,  for 
'  conveniency  and  pleasant  situation ;  there  are  sixty  lots 
1  upon  the  river,  and  forty  backward  between  those  and 
'  the  river;  and  those  backward,  have  a  high  way  100 
'  foot  broad ;    where  I  have  laid  out  a  place  for  a  mar- 
'  ket,  with  cross  streets  from  the  river  to  the  market ; 
'  where  the  town  houses  are  to  be  built :     When  this 
'  was   done,  I   laid  out  400   acres,  to  be  divided  into 

*  forty-eight   parts,  viz.  thirty-six  to  each   proprietor ; 
1  and  those  who  have  lots  in  the  town,  I  grant  them 
'  half   lots   in   this ;   to  pay  for  the  lots  in  the  town, 
'  twenty  pounds ;   or  if  a  half  lot  of  thirty-six  acres, 
'  forty   pounds.     I    laid    400    acres   to   lie    until    the 
4  proprietors  agree  to  divide  it,  as  people  comes  over. 
'  There  is  sixteen  lots  taken  up  by  the  Scotch  proprie- 
1  tors ;   and  eight  lots  by  the  proprietors  that  are  here : 
'  There  are  twenty  lots  taken  up  in  the  town,  by  other 
1  people.     I  engage  all   to  build  a  house  of  thirty  feet 
'  long,  and   eighteen  broad,  and  eighteen  feet  high  to 
'  the  raising ;  to  be  finished  within  a  year ;    to  pay  for 
'  laying  out,  forty  shillings  a  lot,  and  four  pence  per 
1  annum,  quit-rent ;     There  are  several  begun  already 
1  to  build.     I  have  laid  out  forty  or  fifty  acres  for  the 
'  governor's  house :     The  highway  and  wharff,  between 
'  the  river  100  feet  broad ;  and  to  leave  a  row  of  trees 

'  along 


OF    NEW-JERSEY.  177 

'  along  upon  the  river,  before  the  houses,  for  shade  and  A.  D. 
{  shelter,  exceeding  pleasant.  I  have  agreed  for  two 
'  houses  of  like  dimensions,  to  be  built  for  the  pro- 
( prietors ;  and  also  a  house  for  the  governor,  of 
'sixty-six  feet  long,  and  eighteen  broad;  if  the  quit 
1  rents  come  in,  I  intend  three  or  four  houses 
'more,  for  the  proprietors:  I  can  easily  let  them. 
'This  work  took  me  up  five  weeks:  After  I  had 
'  finished  it,  I  set  the  people  to  work,  Scotish 
*  and  English,  about  fifty  persons;  some  preparing 
<  for  building,  others  to  clearing  ground  to  get  corn 
Sown  this  spring:  Then  came  in  a  boat  privately 
'to  Elizabeth-Town  the  12th  past:  Next  morning 
f  I  went  to  New  York  to  visit  the  governor ;  staid 
'  there  two  or  three  days;  he  was  very  kind,  and 
'  promised  a  fair  correspondence ;  so  I  did  not  publish 
'  my  commission  utitil  this  day,  before  the  council ;  . 
'  they  have  been  kind  and  courteous.  Now  is  the 
'  time  to  send  over  people  for  settling;  there  are  30,000 
'  acres  of  land  in  several  places,  belonging  to  the  pro- 
prietors, formerly  taken  up  by  Carteret:  So  here 
4  is  land  enough.  The  Scots  and  William  Dockwras 
'  people  coming  now  and  settling,  advance  the  pro- 
"vince  more  than  it  hath  been  advanced  these  ten 
'y«iars:  Therefore  proprietors,  send  over  some  families 
1  and  servants;  I  shall  presently  set  them  out  land,  and 
'  it  will  bring  them  in  considerable  profit,  in  a 
'  few  years :  Here  wants  nothing  but  people.  There 
t  is  not  a  poor  body  in  all  the  province,  nor  that  wants ; 
1  here  is  abundance  of  provision ;  pork  and  beef  at 
'  two  pence  per  pound ;  fish  and  fowl  plenty :  Oysters 
'  I  think  would  serve  all  England  :  Wheat  four  shil- 
'  lings  sterling  per  bushel ;  Indian  wheat  two  shillings 
'and  six  pence  per  bushel;  it  is  exceeding  good  for 
'  food  every  way,  and  two  or  three  hundred  fold  in- 
'  crease :  Cyder  good  and  plenty,  for  one  penny  per 
'(jiiart.  Good  drink  that  is  made  of  water  and  mo- 
'  ia>ses,  stands  in  about  two  shillings  per  barrel, 
'  wholesome  like  our  eight  shilling  beer  in  England : 
'  Good  vennison  plenty,  brought  us  in  at  eighteen 

M  '  pence 


178  THE    HISTORY 

A.  D.       <  pence  the  quarter :    Eggs  at  three  pence  per  dozen ; 

1684*  '  all  things  very  plenty ;  land  very  good  as  ever  I 
'saw:  Vines,  walnuts,  peaches,  strawberries,  and 
'many  other  things  plenty  in  the  woods.  The  pro- 
prietors have  150  or  200  acres,  three  miles  from 
4  the  town,  up  Rariton  river  salt  marsh,  where  I 

*  intend  to  let  the  people  of  Amboy  cut  grass  for  hay 
'  until    we    otherwise    order    it   by    lots   to   them :    I 
4  reckon   there   is   laid   out   for   the    town,   governor's 
'  house     and      publick      highways,     near      or      about 

<  200   acres;    so  there  rests   1800  acres.      I  laid  out 

<  400   acres,  as   I   said ;    the   rest  to   lie   in   common 
'  until  divided :  I  have  put  two  houses  in  repair,  upon 

<  the  river,  called  the  point,  two  miles  from  Elizabeth 
'  Town ;    have   let   one   of  them,    with    ten    acres   of 

<  pasture  ground,  and  ten  acres  of  woody  ground,  for 

<  seven   years,  at  twenty-six  pounds  per  annum ;    the 

*  man   to  clear  the   ten    acres  of  woody  ground,  and 

<  make  it  fit  for  ploughing  or  pasture.     I  intend  to  let 

*  the  other  also,  with  some  land :  All  the  houses  were 

*  like  to  drop  down  ;  all  the  land  lying  without  fence ; 
/and    a    barn    quite    fallen     down,    and     destroyed; 

'  another  without  any  cover ;  and  that  other  next  to 
'the  house  where  I  dwell,  all  to  pieces;  and  all  the 
1  fences  and  out-houses  were  down,  but  repaired-  before 
'  I  came.  I  am  setting  up  a  ferry  boat  at  Perth,  for 
'  men  and  horses,  to  go  and  come  to  Burlington  and 
'  Pennsylvania,  and  New- York :  Also  I  am  treating 
'  with  one,  to  set  up  a  house  midway  to  Burlington, 
'  to  entertain  travellers,  and  a  ferry  boat  to  go  to  New- 
'  York ;  all  which  is  for  promoting  Perth,  that  being 
' the  center:  Also  you  should  give  me  power  to  set  out 
'  a  line,  between  the  governor  of  New- York  and  us ; 
'  he  calls  on  me  for  it,  because  several  plantations  on 
f  the  river  are  settled,  and  we  know  not  yet  on  what 
'side  they  will  fall;  so  I  cannot  at  present  mention  all 

*  particulars,  which  you  must  supply,  by  some  general 
'  clauses  or  words ;    for  it  is  not  possible  for  you  to 
'  understand  what  is  for  the  good  of  the  province,  as  I 
'  do,  that  am  here ;    and  be  not  sparing  to  send  over 

'  people, 


( )  i  -     N  K  \V  -  J  K  R  S  E  Y  . 


179 


*  people,  it  will   bring  you  it  again,  with  large  profits; 
'  for  here  is  a  gallant  plentiful  country,  and  good  land. 
'  I  have  given  you  a  large  account  of  the  little  time  I 
'  have  been  here :     I  have  none  to  write  for  me,  but 

*  you  must  send  a  copy  of  this  to  Scotland ;   and  with 
'  it  your   further  instructions,  to  be  signed   and   sent 
'me  forthwith:     I  will  be  bound  till  it  come;   I  rest 
'  your  friend,  sic  subscribitur, 

GAWEN  LAWRIE. 

The  same  to  a  friend  in  London. 

'  P^ast-Jersey,  1st  month  26th,  1684. 

'  I  promised  to  write  but  had  not  time  till  now ;  I 
'  shall  give  thee  a  brief  account  of  the  country,  no  fiction, 
'  but  truth  :  It  is  beyond  what  I  expected ;  it  is  situate 

*  in  a  good  air,  which  makes  it  healthy ;  and  there  is 
'  great  conveniency  tfor  travelling  from  places  through 
4  and  about  the  province,  in   boats  from  a  small  canoe, 

*  to  vessels  of  thirty,  forty  or  fifty  tun,  and  in   some 
'  places  one  hundred  in  the  bay  coming  up  to  Amboy- 

*  point,  where  the  town  of  Perth  is  now  in  building, 
'a  ship    of   three  hundred    tun    may  easily  ride  close 
'  to  the  shore  within  a  planks  length  of  the  houses  of 
'  the  town,  and   yet    the  land  there,  nor  other  in  the 
'  province    is    not    low,  swampy,  marshy    ground,    but 
'  pretty  high    ground,  rising    from    the    water   side  at 
'  Amboy-point.       The    bank    of    the    river   is    twenty 
'  foot,  iii  some  places    thirty,  and   in  some  forty  foot 
'  high,    and   yet  hath    many  conveniences   for  landing 
'  ^-oods :     The  soil  is  generally  black,  in  some  places  a 
1  loot     deep,     l>enreth    great    burdens     of    corn,     and 
'  naturally    bringeth    forth    English    grass,    two    years 
'  ploughing    the  ground    is   tender,  and    the    plough- 
'  injr    is    very    ea-y :       The    trees    grow    generally    not 
'  thick,    but    some     places     ten,    in     some     fifteen,    in 
'MHMC  twenty-live  or  thirty  upon  an  acre;    this  I  find 
'  generally,  hut    in   some  particular   places  there   is  one 
'hundred  upon  an  acre ;    but  that  is  very  rare:     The 
1  trees  are*  very  tall  and  straight,  the  general  are  oak, 

'  beech, 


A.D. 

1684. 


180  THE    HISTORY 

A.  D.  '  beech,  walnut,  chesnuts  and  acorns  lie  thick  upon 
'  the  ground,  for  want  of  eating ;  peaches,  vines, 
'  strawberries  and  many  other  sorts  of  fruit  grow  com- 
1  monly  in  the  woods ;  there  is  likewise  gumtree,  cedar, 
'  whitewood  like  our  fir  tree,  walnuts,  chestnuts  and 
'  others  lie  thick  on  the  ground ;  there  is  great  plenty 
1  of  oysters,  fish,  fowl  ;  pork  is  two  pennies  the 
1  pound,  beef  and  venison  one  penny  the  pound,  a 
'  whole  fat  buck  for  five  or  six  shillings;  Indian  corn 
'  for  two  shillings  and  six  pence  per  bushel,  oats  twenty 
'  pence,  and  barley  two  shillings  per  bushel :  We  have 
'  good  brick  earth,  and  stones  for  building  at  Am  boy  r 
'  and  elsewhere :  The  country  farm  houses  are  built 
'  very  cheap  :  A  carpenter,  with  a  man's  own  servants, 
'  builds  the  house ;  they  have  all  materials  for  nothing, 
'  except  nails,  their  chimnies  are  of  stones ;  they 
'  make  their  own  ploughs  and  carts  for  the  most  part, 
(  only  the  iron  work  is  very  dear :  The  poor  sort  set 
'  up  a  house  of  two  or  three  rooms  themselves,  after 
'  this  manner ;  the  walls  are  of  cloven  timber,  about 
'  eight  or  ten  inches  broad,  like  planks,  set  one  end  to 
1  the  ground,  and  the  other  nailed  to  the  raising,  which 
'  they  plaister  within  ;  they  build  a  barn  after  the  same 
1  manner,  and  these  cost  not  above  five  pound  a  piece ; 
'  and  then  to  work  they  go :  Two  or  three  men  in  one 
'  year  will  clear  fifty  acres,  in  some  places  sixty,  and 
1  in  some  more :  They  sow  corn  the  first  year,  and 
1  afterwards  maintain  themselves ;  and  the  increase  of 
'  corn,  cows,  horses,  hogs  and  sheep,  comes  to  the  land- 
'  lord  :  Several  merchants  of  New-York  have  left  their 
'  several  plantations  there,  to  come  to  East-Jersey,  two 
'  or  three  may  join  together,  with  may  be  twelve,  fifteen 
1  or  twenty  servants,  and  one  overseer,  which  cost  them 
'  nothing  for  the  first  year,  except  some  shoes,  stock- 
1  ings  and  shirts  :  I  have  been  to  see  these  plantations,  and 
'  find  they  have  a  great  increase  by  them,  they  rnain- 
'  tain  their  families  at  New- York  with  all  provisions,  and 
1  sell  a  great  deal  yearly ;  and  for  servants,  our  English 
'  people  are  far  better  husbandmen  than  the  'New-Eng- 
*  landmen  ;  the  servants  work  not  so  much  by  a  third 


OF    NEW-JERSEY.  181 

*  as  they  do  in  England,  and  I  think  feed  much  better ;        A.  D. 
for  they  have  beef,  pork,  bacon,  pudding,  milk,  but- 

ter  and  good  beer  and  cyder  for  drink;  when  they  are 

out  of  their  time,  they  have  land  for  themselves,  and 

generally  turn  farmers  for  themselves  :    Servants  wages 

an-  not  under  two  shillings  a  day,  besides  victuals;  and 

4  at  Amboy-point  two  shillings  and  six  pence  per  day  : 

1  At  Amboy  we  have  one  setting  up  to  make  malt,  but 

'  we  want  a  brewer;  I  wish  thou  would  send  over  some 

4  to  set  up  a  brewhouse,  and  a  bakehouse  to  bake  bread 

1  and  bisket ;  for  a  bisket  maker  we  must  have,  to  vend 

4  our  meat  to  the  plantations :      Send  over  some  hus- 

'  bandmen  and  country  fellows  that  plough,  sow,  reap, 

1  thresh,  and  look  after  cattle;    a  carpenter  or  two,  and 

4 1\  smith  for  ploughs,  and  horses;   and  a  cooper  which 

*  we  want  very  mt.\ph  :     If  thou  will  send  a  dozen  of 

*  servants,  most  of  them  countrymen  ;  I  will  set  thee  out 
'  a  gallant  plantation  of  five  hundred  or  one  thousand 
'  acres,  on  a  river  side ;    but  thou  must  send  over  some 
'  goods  to  stock  it  withal :     I  desire  thee  to  encourage 
'some   of  our   friends,    especially    the   proprietors,    to 
'  send  over  some  servants  to  stock  some  land ;  and  when 
4  they  have  cleared   it,  if  they  have  a  mind  to  let  it, 
i  here  are  tenants  to  take  it,  and   if  they  will  sell  it, 
'  here  are  also  purchasers  :     There  is  one  man  since  I 
'came  here,  sold   his   plantation   for   fifteen    hundred 
'pound;    the  whole  was  sixteen   hundred  or  eighteen 
4  hundred  acres,  whereof  only  one  hundred  and  twenty 
4  aeres  were  cleared  ;    upon  which  he  had  a  house,  gar- 
'  d'-n,  and  orchard,  and  barn  planted  :     I  know  several 
4  men   who  let  cleared  land  at  six  shillings  and  eight 
'pence,  and  at  ten  shillings  the  acre,  yearly  rent ;  which 
4  is  a  good  encouragement  for  sending  over  servants  to 
''  plant :     I  write  not  this  as  an  idle  story,  but  as  things 
'  really  and  truly  are  :     I  have  sent  for  servants  myself 
4  to  settle  a  farm  ;  for  if  the  proprietors  will  not  do  so, 
'  I  Bee  not  what  they  can  expect.     The  Scots  have  taken 
4  \\    right  course,  they  have  sent   over    many  servants, 
(  and    are  likewise  sending  more;    they  have  likewise 
'  sent  over  many  poor  families,  and  given  them  a  small 

'stock; 


182  THE    HISTORY 

A.  D.        <  stock ;   and  these  families,  some  for  seven,  some  for 

*  ten  years,  give  the  half  of  their  increase  to  the  land- 
'  lord,  except  the  milk,  which  the  tenant  hath  to  him- 
'  self.     I  have  set  them  out  land  and  they  are  at  work : 
'  I  believe  they  will  have  forty  acres  cleared  this  spring 
'  and  this  summer  :     I  am  to  set  them  out  more,  so  that 
'  in  a  short  time  they  will  have  a  great  increase  coming 
'  in  :     This  will  raise  the  price  of  the  land  here,  and  is 
'  the  reason  that  several  from  New- York  bounds  come  to 

*  me  to  take  up  land,  for  they  believe  now  this  province 
'  will  be  improving,  and  our  land  is  better  than  theirs  ^ 
'  that  every  proprietor's  sending  over  ten  people,  will 
'also  be  a  great  advantage  to  himself;  encourage  others 
'  to  take  up  land  and  bring  all  the  division  that  hath  been 
'  here,  to  an  end  ;    for  these  men  seeing  that  they  shall 
'  be  ballanced,  are  already   more  compliant  than  they 
(  were ;    now  I  have  laid  these  things  before  thee,  and 
'  desire  thee  to  impart  them  to  some  of  the  proprietors 
'  and  other  friends,  that  they  may  consider  of  the  same. 
'  I  am  thy  loving  friend,  sic  subscriptur. 

GAWEN  LAWRIE. 

From  John  Barclay,  Arthur  Forbes,  and  Gawen 
Lawrie,  to  the  Scots  proprietors,  of  the  same  date. 

(  Knowing  you  expect  from  us  an  account  of  this 
'country;  we  have  for  your  encouragement,  and  for 
'  the  encouragement  of  all  our  country-men,  who 
'  may  be  inclineable  to  come  into  this  country,  given 
'you  this  brief  and  true  account  of  it,  according  as- 
'  we  have  seen  and  are  credibly  informed  ;  for  having 
'  seen  little,  yet  save  the  winter  season,  we  must 
'  write  what  is  to  be  seen  in  summer  upon  information, 
'which  we  have  just  ground  to  believe  to  be  true; 
'  because  whatever  we  have  seen  already  in  it  (notwith- 
'  standing  all  we  heard  of  it  before  we  came)  surpasses 
'our  expectation  in  many  things.  The  air  in  this 
'  country  is  very  wholesome,  and  though  it  alters  sud- 
'  denly,  sometimes  being  one  day  hot  and  another  cold  ; 
'  yet  people  are  not  so  subject  to  catch  cold  or  be  distem- 
'pered  by  it  as  in.  our  country  of  England.  The 

'•  land 


OF    NEW-JERSEY. 


183 


land  lies  for  the  most  part  pretty  high,  but  on  the 
river  and  creek  sides,  are  many  meadows  which  lie 
low,  from  which  the  country  people  get  their  hay, 
whereby  their  stocks  are  maintained  in  the  winter 
season.  Provisions  here  are  plentiful  and  cheap  ;  there 
is  beef,  pork,  venison,  mutton,  fowl  and  fish,  abun- 
dance  to  be  had  at  easy  rates ;  and  for  drink 
they  have  good  beer  and  cyder ;  and  those  that  are 
desirous,  may  have  wine  of  several  sorts  and  other 
kinds  of  strong  liquors;  so  that  we  see  little  wanting 
that  a  man  can  desire ;  and  we  are  here  sure  that  a 
sober  and  industrious  people  might  make  this  a  rich 
country,  and  enrich  themselves  in  it;  especially 
poor  people,  who  are  hard  put  to  it  to  gain  bread  at 
home,  notwithstanding  the  excessive  labour ;  for 
we  see  that  people  here  want  nothing,  and  yet  their 
labour  is  very  small ;  they  work  not  so  hard  by  one 
half  as  the  husbandmen  or  farmers  in  our  country ; 
and  many  of  these  who  have  settled  here  upwards  of 
sixteen  years,  have  lived  upon  the  product  of  the 
land,  they  cleared  the  first  two  years  after  they 
came  (and  cleared  none  since)  which  produceth  not 
only  corn  to  maintain  their  own  families,  but  sell 
every  year ;  and  the  increase  of  their  bestial,  whereof 
they  have  good  store  of  several  sorts ;  cows,  oxen, 
horses,  sheep  and  swine,  yields  them  other  provisi- 
ons,  and  to  sell  besides ;  yet  there  be  some  more 
industrious  among  them,  who  have  continued  clear- 
ing  and  improving  land ;  and  these  have  got  estates, 
and  would  not  sell  their  plantations  for  several  hun- 
dred  pounds.  We  have  been  lately  up  a  little  way  on 
the  Rariton  river,  but  xcould  not  go  so  far  as  we 
intended,  being  prevented  by  rainy  weather ;  but  so 
far  as  we  went,  was  very  rich  land,  and  yet  that 
above  it  is  said  to  be  richer;  a  great  deal  of  it  is 
naturally  clear  of  wood,  and  what  is  not  so,  is  easily 
cleared,  the  trees  being  but  small  and  at  a  good 
cliManee  from  one  another;  so  that  the  land  yet 
untaken  up,  so  far  as  we  can  understand,  is  easier  to 
dear,  than  that  which  is  taken  up.  The  towns  that  are 

'  already 


A.  D. 

1684. 


184  THE    HISTORY 

A.  D.  '  already  seated,  being  in  woodiest  places:  The 
l84'  'merchants  in  New- York,  both  Dutch  and  English, 
'have  many  of  them  taken  up  land,  and  settled  plan- 
'  tations  in  this  country ;  and  several  from  that  colony 
( are  desiring  to  come  and  take  up  land  among  us ; 
'  though  they  might  have  land  in  their  own  colony 
'  without  paying  quit-rents.  The  wood  here  is  not  so 
1  hard  to  clear  as  many  think,  they  do  not  pull  it  up 
'  by  the  roots,  but  cut  them  about  a  foot  or  more  from 
'  the  ground,  and  one  man  may  cut  down  many  in  a 
'  day ;  four  of  our  men  the  first  day  they  began,  cut 
'down  seventy  the  best  trees  they  could  find  fit  for 
'  building :  there  are  not  many  of  great  trees,  but 
'straight  and  tall,  and  there  be  many  sorts,  oak, 
'  walnut,  chesnut,  cedar,  poplar,  gum-trees,  firrs, 
'  pines,  birch  and  beech,  and  other  sorts,  which  we 
'  remember  not  at  present.  There  are  many  good 
'  orchards  of  fruit  trees,  and  they  make  abundance  of 
'  good  cyder,  especially  at  one  town  called  Newark, 
'  which  is  esteemed  at  New- York  and  other  places, 
'  where  it  is  sold  beyond  any  that  comes  from  New- 
'  England :  There  are  peaches  and  vines  grow  wild 
'  about  the  river  sides,  which  in  season  bear  good  fruit, 
'  and  grapes ;  and  there  are  strawberries  over  f  all  the 
'  woods,  and  many  other  kind  of  good  fruits,'  and  at 
'  A  in  boy  point  and  several  other  places ;  there  is 
'abundance  of  brave  oysters;  there  will  be  many 
'  houses  built  there  quickly,  for  many  have  taken  up 
'  lots,  and  all  that  have  taken  are  obliged  to  build 
'  within  a  year :  There  is  good  encouragement  for 
'  tradesmen  to  come  over ;  such  as  carpenters,  masons, 
'and  bricklayers,  for  they  build  not  only  of  wood, 
'  but  also  of  stone  and  brick ;  yet  most  of  country 
'  houses  are  built  of  wood,  only  trees  split  and  set  up 
'  one  end  in  the  ground,  and  coverings  to  their  houses, 
'  are  mostly  shingles,  made  of  oak,  chesnut  and  cedar 
'  wood,  which  makes  a  very  neat  covering ;  yet  there 
'  are  some  houses  covered  after  the  Dutch  manner,  with 
'  panticles.  The  towns  are  all  settled  upon  rivers 
'  where  vessels  of  thirty  or  forty  tuns  may  come  up  to 

« their 


OF    NEW-JERSEY.  185 

'  tlieir   doors,  and    the  out  plantations  generally  upon        A.  D. 

some    brook    or    rivulets,  which    are   as    plenty    here 

as  in  our  own  country,  and  curious  clear  water,  and 

in   many   places    are   good  spring    wells,   but   in    the 

to \vns  every  man  for  the  most  part  has  a  well  digged 

on    his  own   land  :       Among  all   the   towns   that  are 

settled,  none   lioth   so  convenient  for  trade  as   New- 

'  Perth  ;    for   ships    of    great    burden    may   come   up 

1  close  to  the  houses,' and  may  come  up  in  any  time  in 

'  the  winter  :     There  came  a  ship  of  three  hundred  tuns 

'  in  there  this  winter,  in   the  hardest  frost  we,  had  and 

4  lay  hard  by  the  town,  so  near  that  she  was  tied  to  a 

1  tree.     The  land  here  brings  forth   most  sorts  of  Eng- 

'  lish    grain,   and    great    increase ;    wheat,    rie,    barley, 

'oats   and   other   sorts  of  <rrain,   such   as   Indian  corn, 

'  which  is  very  good  and   wholesome  kind    of   grain  ; 

(  and  also  Imck-whcat ;    and  those  corns  are  to  be  had 

'  at   easy   rates,  either  for  money  or  goods,  and    those 

1  that   have    not  money  or  goods  may  have  abundance 

'  for  their  work  :     We  shall  now  answer  as  far  as  we  are 

'  ;-;i; >.'Me,  your  queries. 

'  To  the  first  we  cannot  positively  give  an  account 
( of  the  whole  length  and  breadth  of  the  province ; 
'  but  we  are  informed  that  it  is  a  great  deal  broader 
'  than  ye  expected ;  for  those  that  have  travelled 
'  from  the  extent  of  our  bounds  on  Hudson's  river, 
'  straight  over  to  the  Delaware  say  it  is  100  miles 
'  or  upwards  ;  we  shall  know  that  certainly  after  a  while ; 
'  for  the  line  betwixt  us  and  New- York,  is  to  be  run 
'straight  over  to  Delaware  river,  about  tljree  weeks 
'hence;  aud  after  that  the  line  betwixt  us  and  West- 
'  .Jersey  ;  after  which  we  shall  be  able  to  give  a  true 
'account  of  the  bounds  of  that  province. 

'  2.  When  the  bounds  is  so  exactly  laid  out,  we  can 
'the  easier  o-uess  at  the  number  of  acres,  and  by  that 
'  time  may  be  able  to  give  an  account  what  number  of 
'acres  is  already  taken  up;  but  there  is  no  fear  of 
'  want  of  land. 

'  •">.  The  quantity  of  meadow  ground,  we  cannot 
'determine,  having  travelled  as  yet,  but  little  in  the 

'  province 


186  THE    HISTORY 

A.  D.  <  province ;  but  the  way  we  have  travelled  there  is 
( mea(jow  jn  abundance,  both  on  the  water  sides  and 
'  on  the  upland. 

'  4.  There  is  also  other  good  ground  in  some  places, 
'  great  quantities  free  of  wood,  which  is  fit  either  for 
6  corn  or  grass ;  and  the  ground  all  over  brings  forth 

*  good  English  grass  naturally,  after  it  is  ploughed. 

1  5.  There  are  also  commons  upon  the  country,  but 
'  what  quantity  we  cannot  tell ;  there  is  little  kept  in 
e  them  save  wild  horses,  which  the  people  take  up 
v  *  when  they  have  occasion :  there  is  also  land  fit  for 
'  pasturage  for  sheep ;  and  tjiere  is  sheep  in  the  coun- 
'  try,  but  what  number  the  ablest  planters  have  we 
'  know  not,  but  some  we  see  have  good  flocks. 

'  6.  An  exact  map  of  the  country  is  not  yet  drawn, 
'  nor  can  you  quickly  expect  it,  for  it  will  take  up  a 
'  great  deal  of  time,  charge  and  pains  to  do  it. 

'  7.  There  are  also  hills  up  in  the  country,  but  how 
'much  ground  they  take  up  we  know  not;  they  are 
'  said  to  be  stony,  and  covered  with  wood ;  and 
(  beyond  them  is  said  to  be  excellent  land. 

'  8.  To  the  eighth  we  cannot  answer  as  yet. 

'  9.  There  be  people  of  several  sorts  of  religions, 
( but  few  very  zealous ;  the  people,  being  mostly  New- 
'  England  men,  do  mostly  incline  to  their  way ;  and 
'  in  every  town  there  is  a  meeting-house,  where  they 
'  worship  publickly  every  week  :  They  have  no  publick 
'  laws  in  the  country  for  maintaining  publick  teachers, 

*  but  the   towns   that   have  them,   make   way  within 
'  themselves   to   maintain   them ;   we  know  none  that 
'  have  a  settled  preacher,  that  follows  no  other  employ- 
'  ment,  save  one  town,  Newark. 

1 10.  The  method  of  building  their  houses  is  men- 
'  tioned  already. 

'11.  There  are  not  many  out  plantations  that  are  not 
'  within  the  bounds  of  some  town  ;  yet  there  be  some, 
'  and  those  are  the  richest ;  what  number  there  are  we 
'  know  not ;  some  have  great  quantities  of  land,  and 
'  abundance  cleared. 

'12.  The 


OP    NEW- JERSEY.  187 

'  12.  The  richest  pla liters  have  not  above  eight  or        A.  IX 
'ten   servants;    they  will  have  some  of  them  a  down  ^ 

'  cows  ;  yea,  some  twenty  or  thirty  ;  eight  or  ten  oxen  ; 
'  horses  more  than  they  know  themselves ;  for  they 
'keep  breeding  marcs;  and  keep  no  more  horses  at 
'  home  than  they  have  occasion  to  work ;  the  rest 
'  they  let  run  in  the  wood  both  winter  and  summer, 
'  and  take  them  as  they  have  occasion  to  use  them : 
'  Swine  they  have  in  great  flocks  in  the  woods ;  and 
f  sheep  in  flocks  also  ;  but  they  let  them  not  run  in  the 
'  woods,  for  fear  of  being  destroyed  by  wolves  :  Their 
'  profit  arises  from  the  improvement  of  their  land,  and 
'  increase  of  their  bestial. 

'  13.  There  will  be  in  most  of  the  towns  already 
'  settled,  at  least  100  houses,  but  they  are  not  built  so 
'  regular  as  the  towns  in  our  country  ;  so  that  we  can- 
'  not  compare  them  with  any  town  we  know  in  Scot- 
'  land :  Every  house  in  the  town  hath  a  lot  of  four 
'  acres  lying  to  it ;  so  that  every  one  building  upon 
'  his  own  lot,  makes  the  town  irregular  and  scattered  : 

*  Their  streets  are  laid  out  too  large,  and  the  sheep  in 
'  the  towns  are  mostly  maintained  in  them ;   they  are 
'  so  large  that  they  need  no  trouble  to  pave  them. 

'  14.  Betwixt  Sandy-Hook  and  Little  Egg-Har- 
'  bour,  lie  two  towns,  Middletown  and  Shrewsbury : 

*  There  is  no  land    taken    up  that  way,  but  what  is 
i  (now)  in  the  bounds  of  these  two  towns;  what  kind 
'  of  land  it  is  we  know  not,  having  never  travelled 
'  that  way  :     Barnagat  or  Burning-Hole,  is  said  to  be  a 
'  very  good  place  for  fishing ;  and  there  is  some  desi- 
'  ring   to   take   up    land    there,  who  inform  that  it  is 
'  good  land,  and  abundance  of  meadow  lying  to  it. 

'  15.  There  are  no  fishermen  that  follow  only  that 
'  trade,  save  some  that  go  a  whaling  upon  the  coasts  ; 
'  and  for  other  fish  there  is  abundance  to  be  had 
'  every  where  through  the  country,  in  all  the  rivers ; 

*  and  the  people  commonly  fish  with  long  sives  or  long 
'nets,  and   will    catdi  with  a  sive,  one,  sometimes  two 
'barrels  a  day  of  good  fish,  which  they  salt  up  mostly 
'  for  their  own  use,  and  to  sell  to  others. 

'  16.  There 


188 


THE    HISTORY 


A.  D. 

1684. 


16.  There  are  no  ships  belonging  to  this  province 
'  particularly,  or  built  here,  save  one  which  Samuel 
'  Groome  built  here  the  last  summer,  which  stands 
'  yet  on  the  stocks ;  (a  stop  being  put  to  it  by  his  death) 
'there  is  conveniency  enough  to  build  ships:  The 
'ships  in  this  part  trade  mostly  to  the  West-India 
'  islands,  and  some  to  Newfoundland,  where  the  pro- 
'  visions  of  this  country  vends. 

'  17.  There  is  land  here  in  several  places,  after  it  is 
'  cleared  and  brought  into  a  farm  set  out  for  rents,  as 
'  in  our  country,  at  five,  eight,  and  ten  shillings  per 
'acre,  according  to  the  goodness  and  situation  of  the 
'  said  land ;  and  those  that  will  be  at  the  charge  to 
'  clear  land,  may  get  tenants  to  take  upon  these  terms  ; 
'  but  whether  it  will  turn  to  good  account  or  not, 
'  because  little  experienced  as  yet,  with  the  charge  of 
c  clearing  of  land,  I  will  not  positively  inform. 

'18.  There  are  several  places  of  the  country  fit  for 
'mills;  and  several,  both  corn  and  saw  mills  already 
'  set  up,  and  good  encouragement  to  set  up  more. 

'  19.  The  acres  are  here  reckoned  according  to  the 
'  English  account ;  sixteen  feet  to  the  rood,  twenty 
'  long,  and  eight  broad  makes  an  acre  :  One  English 
'  butt  of  wheat,  which  is  eight  English  gallons,  or 
'  Scots  quarts,  commonly  sows  an  acre ;  two  bushels 
( of  barley  also  an  acre  ;  and  two  bushels  of  oats  an 
'acre  and  half:  English  peck,  which  is  four  English 
'  quarts  or  Scots  shopeus  of  Indian  corn,  plants  one 
4  acre. 

'  20.  There    are    but  few   Indian    natives   in    this 

*  country,  their   strength    is   inconsiderable,   they   live 
'  in  the  woods,  and  have  small  towns  in   some  places 
'  far  up  in  the  country  ;  they  plant  a  little  Indian  corn, 
4  shoots  deer,  and  other  wild  beasts  and  fowls  for  their 
'  food  :     They  have  kings  among  themselves  to  govern 
'them;   for  religion   they  have  none  at  all;   they  do 

*  not  refuse  to  sell    lands  at  occasion.     The  prices  of 
'  grain    and   other  provisions  here  at  present ;    Indian 
'  corn  two  shillings  and  six  pence  the  bushel ;    wheat 
'  four  shillings ;   rie  three  shillings ;    oats  one  shilling 

'and 


OF    NEW-JERSEY. 

'and  eight  pence;  beef  one  penny;  pork  twopence;  -A.  D. 
'venison  one  penny;  mutton  three  pence  the  pound, 
'this  English  measure  and  weight;  but  mark,  these 
'  things  being  valued  in  this  country  money,  there 
'  is  a  fifth  part  difference  betwixt  it  and  sterling 
'  money ;  so  that  wheat  being  valued  here  at  four 
'shillings  the  bushel,  is  but  three  shillings  and  three 
'  pence  sterling,  and  so  of  the  rest  proportionably. 

'Here  you  have  an  account  of  things,  as  far  as 
'we  are  capable  to  give  at  present;  with  which  we 
'  hope  you  will  be  satisfied,  while  further  opportunity 
•'and  better  experience  give  as  occasion  to  write  more; 
'  and  so  we  rest  your  friends  and  well  wishers  to  all  our 
'  countrymen  ;  sic  subscribitur, 

k Elizabelh-Town,  in  E;isi-Jersey,  i       JoHX   BARCLAY 

•lfcS',hlWiIh"      '  """;"'' Cillk:"}     AUTHOR  FORBES. 

This  I  have  heard  read,  do  also  subscribe  to  the  truth 
thereof,  and  rests  G.  L. 


CHAP.      XI. 

-Manner  of  the  West- Jersey  Government  in  1684  :  Their 
unsettled  state,  and  succession  of  governors:  Danger  of 
suffe  miff  for  want  of  food  in  1 687  :  The  division  line  run 
It  >l  (r.  hcidi ;  and  agreement  between  the  governors  Coxe 
and  Barclay:  Alteration  in  the  manner  of  locating  lands 
in  West- Jersey,  and  the  method  now  in  use  fixed  :  No 
pfi-fton  in  West-Jersey  to  purchase  from  the  Indians, 
wltfiout  the  consent  of  the  council  of  proprietors  ;  and 
hi^mcfions  respecting  deeds  and  warrants  for  taking 
K!>  land*. 

Til  FJ  assembly  of  West-Jersey  at  their  meeting  the 
20th  of  the  third  mouth,  this  veur  chose  Thomas 
Olive  governor,  and  chairman  or  speaker;  in  both 
which  capacities  the  governor  now  acted  ;  the  several 
branches  of  the  legislature  we  have  seen  doing  their 
business  in  common  together;  the  peoples  choice  the 

foundation 


190 


THE    HISTORY 


A.  D. 

1684. 


1685. 


Skein. 


Welsh. 


Dr.  Coxe. 


foundation  of  the  whole,  whose  representatives  were 
distinctly  returned  from  their  respective  first,  second, 
third  and  Salem  tenths,  (which  were  all  the  tenths  yet 
settled)  at  their  first  meetings  they  chose  the  governor, 
council,  commissioners  to  lay  out  land,  and  all  the 
other  officers  of  government. 

Olive  had  been  twice  governor  of  West- Jersey 
before,  and  continued  on  the  last  choice  in  that  station 
for  a  year  past;.?-  but  Byllinge  having  desisted  from 
the  claims  which  the  assembly  and  their  constituents 
had  thought  unjust,  and  which  had  been  the  cause  of 
their  undertaking  in  opposition  to  him  to  choose  the 
governor,  and  he  in  this  year  sending  a  fresh  commission 
to  John  Skeine  to  be  his  deputy/-  the  assembly  and 
people  submitted  to  him,  tho?  they  had  before  refused 
William  Welsh  in  that  capacity,  while  Byllinge  con- 
tinued the  claims  aforesaid :  Skeine  died  in  the  twelfth 
month  1687 ;  but  Dr.  Daniel  Cox,  of  London,  the 
greatest  proprietor  of  West- Jersey/'-  was  the  Sep- 
tember before  appointed  to  succeed  him ;  he  continued 
in  that  station  till  about  the  year  1690/-  having  ap- 
pointed 

g.  His  salary  was  twenty  pounds  a  year. 

h.  Skein's  salary  beside  the  fees,  was  said  to  be  thirty  bushels  of 
rye. 

i.  He  own'd  twenty-two  shares  of  propriety. 

k.  Governor  Coxe  soon  after  his  appointm'ent  to  that  station,  wrote 
the  following  letter  to  the  council  of  proprietors  of  West-Jersey. 
'  After  Mr.  Bylling's  decease,  his  heirs  were  greatly  ignorant  of  his 
'concerns  Delating  unto  West-Jersey,  and  therefore  resolved  to  sell 
his  interest  both  in  government  and  property ;  and  that  they  had 
'begun  to  treat  with  a  person  who  would  probably  have  made  the 
'condition  of  the  proprietors  and  inhabitants  very  uneasy :  I  and 
'another  of  the  chief  proprietors  having  together  a  very  great  share 
'of  the  country,  applied  ourselves  for  advice  unto  the  lawyers,  being 
'assured  by  the  most  eminent  that  however  Bylling's  concessions 
•'  might  in  conscience  bind  him  during  his  life;  they  were  not  always 
'  obligatory  to  a  purchaser  or  successor,  because  said  concessions  were 
'  made  before  his  right  of  government  was  granted  ;  we  thereupon 
'consulted  with  several  proprietors  and  others,  well  wishers  to  your 

'  colony, 


O  F    N  E  W  -  J  E  R  S  E  Y  .  191 

pointed     Edward     Hunloke     his    deputy;     sometime        A.  D. 
afterwards  a  commission  was   sent  to   John  Tatham, 

who 

*  colony,  amongst  whom  it  was  agreed  and  resolved  to  be  for  the 
'good  of  your  country,  and  our  own  security,  that  one  amongst  us 
'should  purchase  from  the  heirs  of  Mr.  Byllinge,  all   his,  and  their 
'interest  in  properly  and  government;  and  because  my  proportion 
'of  land  was  greater,  or  that  they  apprehended  me  capable  of  serv- 

*  ing  them,  or  in  have  more  money  at  command,  or  because  they 
'  had  ever  preceived  me  to  be  zealous  and  active  to  promote  the 
'good  of  the  province :  I  was  earnestly  pressed  and  requested  to  make 
'a  purchase  of  the  government  and  properties  annexed  thereunto, 
'wherewith  having  complied,  that  I  might  demonstrate  the  disente- 
'  rested  ness  of  my  undertaking;    and  that  I  did   primarily  propose 
'tin-  welfare  and  benefit  of  the  people,  and   prefer  it  to  my  private 
'advantage.     I  did  many  times   proffer   Mr.  Penn,  Mr.  Ford  and 
'others,  who  pretend  to  understand  most  of  your  minds,  what  was 
'for  your  good,  and  to  be  as  it  were  kind  of  trustees  for  you: 
'That  if  they   would   corflrive  any   method,   whereby  the  govern- 
'  ment  might  be  legally  and  severally  invested  in  the  proprietors,  or 
'people  without  a  governor;    or  if  they   would   find   any    person 
'more  fit  to  discharge  the  office  of  government,  or  who  might  prove 
'more  acceptable  to  the  people  than  myself;    I  was  willing  to  con- 
'sign  or  reconvey  all  my  estate,  power,  authority  as  1  had  received 
'  it   and  upon   the  same  condition,  not  desiring   the   lea<t  advance 
'beyond  what  they  all  know  1  had  disbursed;   but  not  finding  any 
'proposal   to   meet  with   any  other  return,   than   an    invitation   to 
'proceed,  and  good  wishes  that  I  might  therein  prove  successful; 
'  and  finding  that  all   the  proprietors   in  or   near   London,  whom  I 
'  could   convene,   were  greatly  satisfied    with    my   conduct,    encou- 
'  lading   me   to   expect   they   would    meet   with    like    acceptance 
'from  the  proprietors  and  inhabitants  of  West-Jersey:    I  thereupon 
'thought  at  to  recommunicate   unto  you  the  whole  transaction  of 
'this  affair;    as   likewise  what  1  expect   from  you   the  proprietors 
'and  inhabitants  of  West-Jersey  ;    and  what  you  may  reciprocally 
'challenge  from  me:  I  do  therefore  hereby  give  you  to  understand, 
'that    whereas    all    the   gentlemen    of    the    law,    who   have    been 
'hitherto  consulted,   do   unanimously   agree,  that   the  government 
'of  the  province  of  West  New-Jersey,  is  legally  in   me  as  full  as 
'Pennsylvania    in    Mr.   Penn,   or    East-Jersey    in    the   proprietors 
'there:    J  thereupon   assumed   the  tide  of  governor,  and  lay  claim 
'to  the  powers  and  authority  thereunto  annexed  ;   and  I  am  resolved 
'  by  the  assistance  of  Almighty  God,  to  exercise  the  jurisdiction   by 
'his  royal  highness,  his  last  deed  or  grant  unto  me  conveyed,  with 
'all    integrity   and   faithfulness  and   diligence,   for  the   benefit  and 
'welfare  of  those,  over  whom  divine   providence  hath  constituted 
'me    (under    our    sovereign)    superintendant   or    chief    overseer; 
'always   prefering    publick    emolument,    before    my   own    private 

advantage 


192  THE    HISTORY 

who  being  a  Jacobite;  and  as  such  by  principle  disqua- 
lified, him  the  assembly  rejected;    on  which  the  pro- 
prietors 

'advantage;  and  may  I  succeed  in  my  undertakings,  well  or  ill, 
'according  as  I  pursue  or  violate  this  resolution  and  engagement; 
'and  I  am  contented  this  my  declaration  he  ''record ed,  that  it  may 
Continually  reproach  and  condemn  me  if  I  ever  recede  therefrom. 
'And  whereas  Mr.  By  Hinge,  in  his  former  concessions,  hath  given 
'his  consent,  and  ratified  diverse  laws  in  the  said  grant,  stiled 
'fundamentals;  the  first  concerning  liberty  of  conscience,  the 
'second,  that  no  person  shall  be  deprived  of  life,  limb,  estate, 
'property,  privilege,  freedom,  franchises,  without  a  due  trial  and 
'judgment,  passed  by  a  jury  of  twelve  good  and  lawful  men  in  the 
'neighbourhood  ;  the  person  excepting,  if  he  please,  against  thirty 
'five,  without  any  reason  rendred,  and  more  if  he  assign  a  jii^t 
'cause:  1  hereby  declare,  that  I  do  in  my  heart  highly  approve  the 
'said  fundamental  laws  and  concessions,  and  am  ready  to  confirm 
'them;  and  withall,  I  do  faithfully  promise,  that  to  the  utmost  of 
'my  ability,  I  will  cause  them  to  be  most  inviolably  observed,  as 
'also  those  three  fundamentals  after  mentioned*  If  your  assembly 
'shall  desire  the  continuance  of  them,  and  that  it  appears,  nothing 
'is  therein  contained  contrary  to  the  laws  of  England,  which 
'extend  to  our  colony  ;  by  the  breach  whereof,  we  inevitably  expose 
'ourselves  unto  the  forfeiture  of  our  charter,  which,  next  to  the 
'blessing  of  God,  and  protection  of  our  prince,  is  our  greatest 
'comfort  and  security  ;  and  that  you  may  all  become  fully  satisfied  : 
'I  do  not  intend  to  arrogate  unto  myself  any  absolute  despotic 
'power.  I  have  thought  fit  to  add,  that  whereas  it  Ls  generally 
'  acknowledged  by  all  intelligent  disinterested  persons,  the  govern- 
'ment  of  England  by  a  sovereign  prince,,  upon  weighty  conside- 
' rations  of  making  or  repealing  laws,  levying  taxes,  consulting 
'with  his  parliament,  is  the  best  of  constitutions,  and  diverse  of 
'our  English  plantations,  having  in  imitation  hereof  joined  with 
'the  governor  and  assembly  or  parliament:  I  do  hereby  declare  my 
'full  and  free  approbation  of  such  constitution  in  your  province, 
'and  I  shall  confer  upon  your  assembly,  all  the  powers  and  privi- 
'  leges  consistent  with  the  ends  of  good  government,  the  redressing 
'grievances,  and  promoting  the  peace  and  prosperity  of  the 
'province;  and  I  make  my  request  you  would  with  all  convenient 
'speed,  transmit  unto  me  your  proposals,  both  in  order  unto  the 
'establishing  a  regular  and  durable  method  of  convening  assemblies, 
'and  what  power  you  desire  should  be  intrusted  with  them:  And 
'because  assemblies  have 'been  hitherto  convened  only  annually, 
'except  upon  some  solemn  urgent  occasion,  it  hath  been  customary 
'for  the  governor  or  his  deputy,  to  act  in  affairs  of  importance 
'during  the  recess  of  assemblies,  with  the  advice  of  a  council,  I 
'would  desire  you  to  give  me  to  understand,  how  you  expect  and 
'desire  such  council  shall  be  chosen;  whether  you  will  acquiesce  in 

'the 


OF    NEW-JERSEY. 

prietors  sent  a  commission  in  1692,  to  Andrew  Hamil- 


193 


lobo. 
ton     Hamilton. 


'the  governor's  nomination,  or  whether  you  desire  the  assembly 
'.-hould  have  any  share  in  their  election,  also  in  case  of  succession 
'upon  decenae  or  misbehaviour ;  and  whether  the  council  shall  be 
'annual,  biennial  or  triennial,  or  during  life;  if  understanding, 
'faithful  and  diligent  in  discharging  of  their  trust:  I  shall  in  all 
'  these,  and  any  other  particulars,  which  shall  manifestly  appear 
'to  make  for  puhlirk  utility,  not  only  have  a  great  deference 
'for  your  opinion  and  advice,  but  readily  comply  with  all  your  just 

'n-a-onable    expectation    and    requests. Thus    having    without 

'  reserve  or  disguise,  declared  unto  you  my  sentiments  concerning 
'government,  1  proceed  to  affair*  of  another  nature;  but  of  little 
'less  moment:  It  is  the  fixed  persuasion  of  diverse  intelligent 
'  person-*,  that  your  province  hath  deeply  suffered,  and  is  stinted  in 
'  its  growth  tor  want  of  ascertaining  its  limits,  and  fixing  a  boundary 
'between  it,  East  Jersey,  and  New- York  ;  that  thereupon  a  subdi- 
'  vision  might  be  made  of  the  country,  into  one  hundred  proprie- 
taries, as  was  originally%greed,  thereby  appropriating  unto  every 
'good  purchaser  his  portion  in  specialty;  1  have  inclosed  an 
'ao'ount  of  my  transaction!  with  the  proprietors  of  East  Jersey, 
'  many  of  whom  being  persons  before  well  affected  unio  me,  I 
'have  highly  disobliged,  upon  my  refusal  to  comply  with  their 
'claim,  upon  the  last  pretended  agreement;  all  which,  and  much 
'more,  if  like  occasion  should  require,  I  shall  readily  conflict 
'with,  and  chearfully  undergo,  for  the  good  of  our  little,  yet  unto 
'me,  dear  community,  which  1  shall  love,  cherish,  and  endeavour 
'to  support  and  maintain,  as  if  they  were  members  of  my  own 
'private  family:  Lastly,  I  do  confirm  all  those  persons  who  were 
'appointed  by  Mr.  Uy  Hinge,  or  chosen  by  the  people  in  their 
'respective  places  and  employments,  until  I  further  learn  from 
'you  the  state  of  your  colony,  unless  by  some  new  advice  and  very 
'extraordinary  motives  1  should  be  obliged  to  make  an  alteration, 
'which  shook!  it  happen,  you  may  all  rest  assured,  I  shall  have  a 
'tender  regard  unto  your  welfare  and  satisfaction:  And  now 
'nothing  remains  besides  our  supplicating  with  united  minds,  the 
'allwise  God,  to  grant  us  the  wisdom  which  is  pure  and  peaceable, 
'  to  enable  us  methodically  to  order  our  affairs  with  discretion  ;  that 
'we  may  act,  industriously,  regularly,  chearfully,  in  the  several 
'siatious  and  employments  his  divine  providence  hath  allotted  us, 
'considering  we  are  one  body,  and  members  one  of  another;  that 
'  no  injury  can  happen  to  a  part  which  will  not  redound  in  some 
'to  the  hurt  of  the  whole:  For  my  own  particular,  I  can  appeal 
'unto  the  searcher  of  hearts,  that  I  do  sincerely  and  primarily 
'design  the  prosperity  of  your  province,  in  its  peace,  security  end 
'  plenty  ;  and  that  it  may  be  so  settled,  as  that  you  may  not  only 
'live  happily  during  my  administration,  but  that  it  may  not  be  in 
'the  power  of  any  future  governor,  deriving  from  me,  even  to 
'hinder  the  due  execution,  much  less  to  repeal  those  laudable 

'constitutions 
N 


194  THE    HISTORY 

ton.*-  He  was  accepted  and  continued  governor  of 
West-Jersey,  while  it  remained  under  the  proprietary 
jurisdiction,  tho7  with  some  interruption  in  1698,  of 
which  hereafter;  being  also  some  part  of^the  time 
governor  of  both  East  and  West- Jersey,  and  Pennsyl- 
vania. 

Law  The  year  1686,  seems  to  have  been  a  dangerous  one 

sword?  *n  East-Jersey,  if  the  law  then  passed  against  wearing 

<&c.  swords  was  properly  founded  :    According  to  that,  seve- 

ral persons  had  received  abuses,  and  were  put  in  great 

fear 

'constitutions,  which  with  your  advice  and  assistance  I  hope  to 
'establish  :  And  on  your  parts,  I  expect  and  promise  myself  a  ready 
'compliance  with  whatsoever  shall  be  proposed  for  the  publick  good  : 
'That  instead  of  factions  and  divisions,  there  be  a  generous  emula- 
'tion  amongst  you,  who  shall  promote  the  welfare  of  our  commu- 
'nity:  That  you  be  mutually  tenderly  affectioned  one  towards  the 
'other;  and  though  you  may  differ  in  opinions,  concerning  things 
'of  Jes«er  moment,  yet  continue  united  in  affection,  as  being 
*  'servants  to  the  same  God,  subject  to  the  same  prince,  and  having 

'one  common  interest;  often  remembering,  that  by  unanimity  and 
'concord,  diverse  nations  have  been  advanced  from  contemptible 
'beginnings,  unto  great  wealth  and  power;  whereas  by  discord, 
'mighty  empires  have  been  broken  and  ruined,  without  the  acces- 
»  'sion  of  external  force:  That  the  God  of  peace  and  love  would 

'unite,  preserve  and  prosper  you,  is  the  frequent,  fervent,  and 
'shall  continue  to  be,  the  constant  request,  of  your  most  affectionate 
'friend,  DANIEL  COXE. 

'  September  the  5th,  1687. 

I.  His  salary  in  1695  and  1696,  was  two  hundred  pounds  a  year 
as  governor  of  West- Jersey  ;  but  the  salary  in  both  East  and  West- 
Jersey  seems  in  some  periods,  to  have  been  rather  occasional :  In  the 
latter  province  in  1697,  provision  was  made  for  two  hundred  pounds 
by  a  law.  with  the  following  preamble,  'Being  sensible  of  the 
'many  great  services  done  by  our  present  governor,  Col.  Andrew 
'Hamilton,  since  his  accession  to  the  administration  of  the  govern- 
'mentof  this  province;  and  taken  also  into  our  consideration,  the 
'great  charge  that  must  attend  any  person  in  that  post,  and  how 
'  little  hath  yet  been  done  by  us  answerable  to  his  merit  and  station  ; 
'  we  find  ourselves  obliged  in  point  of  gratitude,  and  in  testimony 
'of  our  affection  to  him,  and  as  a  demonstration  thereof,  to  offer  as 
'is  hereafter  expressed  ;  and  pray  our  governor's  acceptance  thereof 
'from  a  poor  people,  whose  good-will  and  regard  to  him  is  not  to 
'be  measured  by  the  value  of  our  offering,  but  integrity  of  the 
'offerers.'  The  salary  of  the  governor  of  East-Jersey  in  1694, 
1695,  and  1696,  was  one  hundred  and  fifty  pounds  per  annum. 


O  F    N  E  W  -  J  E  R  S  E  Y .  195 

fear  from  quarrels  and  challenges ;  to  prevent  it  for  the  A.  D. 
future,  none  by  word  or  message,  were  to  make  a  dial-  1686< 
lenge,  upon  pain  of  six  mouths  imprisonment  without 
bail  or  mainprize,  and  a  ten  pound  fine ;  whoever  ac- 
cepted or  concealed  the  challenge,  was  also  to  forfeit 
ten  pounds ;  no  person  was  to  wear  any  pocket  pistols, 
skeins,  stilladers,  daggers  or  dirks,  or  other  unusual 
weapons,  upon  pain  of  five  pounds  forfeiture  for  the 
first  offence,  and  for  the  second  to  be  committed ;  and 
on  conviction  imprisoned  for  six  months,  and  moreover 
to  pay  a  fine  of  ten  pounds;  no  planter  was  to  go 
arm'd  with  sword,  pistol,  or  dagger,  upon  penalty  of 
five  pounds.  Officers,  civil  and  military,  soldiers  in 
service,  and  stranger^  travelling  upon  lawful  occasions, 
were  excepted.  This  law  for  any  thing  that  appears, 
is  yet  in  force. 

The  settlers  in  both  West  Jersey,  and  Penn- 
sylvania, about  the  year  1687,  were  put  to  difficulties  1687. 
on  account  of  food ;  their  crops  having  in  great  part 
failed ;  several  families  had  already  spent  their  last,  Food 
and  were  forced  to  subsist  on  what  was  spared  by  such  of 
their  neighbours  as  were  better  provided;  these  were 
few  in  proportion  to  the  mouths  to  be  filled  :  Some 
nigh  the  river's  had  lived  weeks  upon  fish,  others  were 
forced  to  put  up  with  herbs ;  but  unexpectedly  to  many 
arrived  a  vessel  from  New-England  to  Philadelphia, 
laden  with  corn,  which  proved  an  agreeable  supply; 
this  vessel  meeting  with  a  good  market  others  soon  fol- 
lowed ;  so  that  the  settlers  were  not  afterwards  exposed 
to  the  like  necessity  for  want  of  food. 

In  this  year,  George  Keith,  surveyor-general  of  East- 
Jersey,   by  onbr  of  the  proprietors  there,    attempted    Keith's 
to  run  the  division  line  between  East  and  West-Jersey;   ' 
pursuant  to  an  award  on  the  terms  established  in  the 

quiuti- 


196 


THE    HISTORY 


A.  D. 

1687. 


Traversed 
by  Chap- 
man. 


1688. 


Agree- 
ment be- 
tween the 
governors 
Coxe  and 
Barclay. 


qui  11  ti partite  deed.™.  He  began  with  a  line  from 
little  Egg  Harbour,  north  by  west  and  three  degrees 
five  minutes  more  westerly,  as  the  compass  then  pointed 
for  a  part;  the  line  he  run  sixty  miles  in  length,  till  he 
fell  upon  the  corner  of  Dobie's  plantation,  on  the  south 
branch  of  Rariton :  This,  by  order  of  the  council  of 
proprietors  of  West-Jersey,  in  or  about  the  year  1721, 
was  traversed  by  John  Chapman,  esteemed  a  careful  sur- 
veyor ;  upon  the  computation  it  appeared,  that  the  line 
at  the  time  of  his  traverse,  was  north  sixteen  degrees 
and  forty  three  minutes  west,  which  leaves  a  varation  of 
two  degrees  and  twenty  three  minutes  in  that  thirty- 
four  years.  The  remaining  part  of  Keith's  line  was 
from  Dobie's  plantation,  along  the  rear  of  that  and 
other  tracts  and  plantations,  as  they  were  before  pa- 
tented and  surveyed  in  right  of  the  proprietors  of  the 
eastern  division  of  New-Jersey,  until  it  intersects  that 
part  of  the  north  branch  of  Rariton  river,  which  descends 
from  a  fall  of  water,  commonly  called  and  known  by 
the  Indian  name  of  Allamitung  then  running  from 
that  point  intersection  up  the  branch  of  stream  of  the 
fall  of  Allamitung. 

Upon  the  original  running  this  line,  the  western  pro- 
prietors thought  too  much  of  their  best  lands  were 
surveyed  to  the  eastward ;  and  were  uneasy  with  it. 

In  the  fall  1688,  the  governors  of  East  and  West- 
Jersey,  on  behalf  of  each  division,  entered  into  the  fol- 
lowing agreement. 

1  London,  September  5,  1688. 

'  It  is  agreed  this  day,  by  Dr.  Daniel  Coxe,  governor 
'  of  the  province  of  West-Jersey,  on  behalf  of  himself, 
'  and  all  the  rest  of  the  proprietors  of  that  province,  on 
'  the  one  part ;  and  Robert  Barclay,  governor  of  the 
'  province  of  East- Jersey,  on  behalf  of  himself  and  all 

'the 


m    See  this  deed,  vol.  i.  of  laws,  p.  63,  &c. 


OF    NEW- JERSEY. 


197 


*  the  rest  of  the  proprietor's  of  that  province,  on    the 
'other  part;  as  followeth,  viz. 

'  For  the  final  determination  of  all  differences,  con- 
'  cerning  the  deed  of  partition ;  and  all  other  disputes 
'  and  controversies  about  dividing  the  lands,  and  set- 
'  tling  the  bounds  between  East  and  West-Jersey. 

1  1.  The  line  of  partition  run  strait  from  little  Egg- 
4  Harbour,  to  the  most  westerly  corner  of  John  Dobie's 
4  plantation,  as  it  stands  on  the  south  branch  of  Rariton 
'  river,  shall  be  the  bounds  so  far  between  East  and 
4  West-Jersey,,  and  shall  not  be  altered  ;  but  remain  as  it 
'  stands,  on  a  printed  draught  of  the  proprietors  lands, 
'  surveyed  in  East- Jersey,  and  drawn  by  John  Reid, 
'  and  since  printed  here. 

1  2.  From  thence  to  run  along  the  back  of  the  adjoin- 
'  ing  plantations,  until  it  comes  to  James  Dundass  his 
'  plantation ;  anel  from  thence,  at  the  most  north  westerly 
'  part  thereof,  a  line  to  lye  down  with  a  line  on  the 

*  back  of  those  plantations,  and  so  to  run  north  eastward, 
'  till  it  touch  the  north  branch  of  Rariton  river,  as  it  is 
' struck  upon  the  map  already:   but  saving  the  plan- 
'  tations  already  laid  out,  to  be  within  the  line,  if  they 
1  happen  to  stand  a  little  more  westerly  than  that  line 
'  is  marked. 

3.  c  From  the  north  end  of  the  line,  where  it  touches 
4  Rariton    north    branch;    thence    forward    the    largest 
'  stream  or  current  of  water  belonging  to  the  said  north 
'  branch,  shall  be  the  bound  or  partition  ;    and  so  con- 
'  tinning  along  the  same,  unto  the  north  end  thereof, 

*  for  the  bounds  so  far. 

4.  '  From  the  said  north  end  of  the  branch,  a  short 

*  strait  line  to  run  to  touch  the  nearest  part  of  Passaick 
'river;    and    so    following    the    course  of  that  river, 
'  continuing  Poqimniek  river,  so  long  as   it  runs  nor- 
therly or  north   westerly;   those  rivers  still  to  be  the 
'bounds    between    both    provinces;    and  if   Poquanick 

*  river  do  not  run  far  enough  to  the  latitude  of  forty 

*  one  degrees.;    then    from    the   said    river,  a   straight 
4  line  to  be  run  northward  ,to  the  latitude;    and  that  to 

'be 


A.D, 

1688. 


198  THE    HISTORY 

A.  D.  <  be  the  utmost  north  partition  point,  and  from  the 
1688'  '  said  point  in  a  strait  line  due  east  to  the  partition  point 
( on  Hudson's  river,  between  East-Jersey  and  Ncw- 
'  York :  Provided  always,  that  all  plantations  and 
'tracts  of  land,  laid  out  and  surveyed,  before  this 
i  agreement  arrives  in  East- Jersey,  shall  remain  to  the 
'  parties  concerned  ;  and  the  partition  shall  so  run  as 
'to  include  them  within  East- Jersey  bounds. 

'  Lastly,  Dr.  Coxe  doth  covenant  and  promise,  to 
1  make  good  the  agreements  above  written,  and  war- 
'  rant  the  title  and  quiet  possession  of  all  the  lands  so 
'  to  be  appropriated  to  the  proprietors  of  East-Jersey, 
'according  to  the  limits  and  bounds  abovementioned, 
'against  all  persons  that  shall  or  may  pretend,  or  claim 
'  any  interest  to  any  of  the  said  lands,  as  West- Jersey 
'  proprietors :  And  Robert  Barclay  doth  covenant 
'  and  promise,  to  make  good  the  agreement  above 
'  written,  and  warrant  the  title  and  quiet  possession  of 
'  lands,  so  to  be  appropriated,  to  the  proprietors  of 
'  West-Jersey,  according  to  the  limits  and  bounds 
'abovementioned,  against  all  persons  that  shall  or  may 
'  pretend  or  claim  any  interest  to  any  of  the  said  lands,. 
'  as  East- Jersey  proprietors  :  For  performance  of  all 
'  and  every  the  respective  articles  and  covenants  herein, 
'  mentioned ;  they  do  mutually  bind  themselves,  each 
'  to  the  other,  in  the  sum  of  five  thousand  pounds,  to  be 
'  well  and  truly  paid  on  the  breach  of  any  of  the  clause* 
'  and  covenants,  herein  before  mentioned.  In  witness 
'  whereof,  they  have  interchangeably  set  their  hand* 
'  and  seals,  the  day  and  year  first  above  written. »• 
Sealed  and  delivered  ROBERT  BARCLAY. 

in  the  presence  of 
DAVID  HEWLING. 
STEPHEN  LUCOCK. 

Notwithstanding  this  agreement,  and  that  the 
parties  have  at  several  times  seemed  desirous  the  line 

should 

n.  See  the  consent  of  many  western  proprietors,  to  the  agreement 
made  with  East-Jersey,  in  the  line  of  division  by  Dr.  Daniel  Coxe, 
ReoeWs  book.  B.  Secretary's- Office,  Burlington,  p>  233. 


OF    NEW- JERSEY.  199 

should  be  properly  run  out  and  fixed ;  the  necessary  A.  D. 
preliminaries  could  never  yet  be  sufficiently  settled; 
those  of  East-Jersey  being  thought  by  the  western  pro- 
prietors to  have  the  advantage  in  every  step  hitherto 
taken ;  while  they  on  the  contrary,  have  not  been 
wanting  to  alledge  their  reasons.?- 

In  order  to  keep  the  transactions  relative  to  the  divi- 
sion line  together,  we  are  necessarily  brought  forward 
in  course  of  time,  with  respect  to  the  manner  of  locat- 
ing the  proprietors  lands  in  West-Jersey ;  the  divisions 
and  sub-divisions  of  shares  had  multiplied  demands, 
and  introduced  a  necessity  for  other  measures  than  had 
been  hitherto  in  practice;  accordingly  in  1687,  the 
proprietors  found  it  expedient  to  enter  into  the  following 
agreement. 

'  Whereas  by  experience  it  hath  been  found,  that  New  me- 
'the  concerns  particularly  relating  to  the  proprietors 
' of  the  province  of  West  New-Jersey,  by  reason  of 
'  the  great  difficulty  of  getting  them  together,  upon 
'several  emergent  occasions,  have  been  greatly  detri- 
'  mental  not  only  to  the  carrying  on  and  progress  of 
'  the  same  necessary  and  publick  concerns,  but  also 
'  very  chargeable  and  burthensome  to  the  said  proprie- 
'  tors,  especially  those  of  them  who  live  at  a  great 
distance;  and  also  complained  of  by  the  members 
'of  the  general  assembly,  as  taking  up  a  great  part 
'  of  their  time,  in  an  affair  particularly  relating  to  the 
'  proprietors ;  and  finding  that  the  affair  touching  the 
'  publick  concerns  of  the  said  proprietors,  may  be 
*  carried  on  with  far  less  charge  and  burthen  to  the  whole, 
'  and  with  more  effect  by  such  number  of  persons,  as  by 
'the  proprietors  shall  be  esteemed  fit  and  qualified 
'  on  their  behalf,  to  transact  'and  agitate  their  publick 

'  affairs 

p.  To  trace  the  proceedings  relating  to  this  line  minutely,  will 
be  a  task  proper  for  those  immediately  concerned  ;  they  are  volu- 
minous: To  give  an  account  of  some  more  of  the  steps  hitherto 
taken,  a  few  papers  are  added  in  the  appendix.  Vid.  appendix, 
Numb.  iv.  v.  vi.  vii. 


200  THEHISTORY 

A.  D.  '  affairs  as  proprietors :  We  therefore,  underwritten 
'  proprietors  of  the  province  aforesaid,  being  met 
'  together  at  Burlington,  in  the  same  province,  this 
'fourteenth  day  of  the  twelfth  month,  anno  1(>S7, 
'by  a  general  appointment  of  the  same  proprietors; 
'  do  therefore  unanimously  agree  together  as  followeth, 
'  (viz.)  That  eleven  proprietors  within  the  said  pro- 
'  vince,  shall  be  yearly  and  every  year,  nominated, 
'  elected  and  chosen,  by  and  amongst  the  said  proprie- 
'  tors,  to  be  commissioners  and  trustees  at  a  day 
'  certain ;  six  whereof  in  the  county  of  Burlington, 
'and  five  within  the  county  of  Gloucester,  in  the 
'  province  aforesaid  ;  who  shall  be,  and  are  impowered 
( to  act  and  plead  in  all  such  affairs,  as  do,  and  shall 
'generally  concern  the  body  of  the  said  proprietors  of 
'  the  same  province,  as  fully  and  effectually  as  if  the 
'  whole  body  of  the  same  proprietors  were  together, 
'  and  should  personally  do,  and  conclude  the  same ; 
'  which  act  and  acts,  thing  and  things,  by  the  same 
'  commissioners  and  trustees  for  the  time  being,  so 
'  from  time  to  time  to  be  done  and  performed  as 
*  aforesaid,  we  the  said  proprietors  do  hereby  ratify, 
'  establish  and  confirm ;  and  we  do  hereby  nominate 
'  and  appoint  our  trusty  friends  Samuel  Jen  ings, 
'  Thomas  Olive,  William  Biddle,  Elias  Farre,  Mahlon 
'  Stacy,  Francis  Davenport,  Andrew  Robeson,  Wil- 
'  Ham  Royden,  John  Reading,  William  Cooper,  and 
'  John  Wills,  commissioners  and  trustees  for  the  year 
'  next  ensuing,  to  do,  act  and  officiate  in  the  affair 
'  aforesaid,  until  the  tenth  day  of  the  second  month, 
'  anno  domini  1 688 ;  and  we  do  hereby  agree  and 
'  appoint,  that  each  and  every  of  the  said  commissioners 
'  and  trustees  now  elected  and  chosen,  and  from  time 
'  to  time  hereafter  to  be  elected  and  chosen,  shall  have 
'  and  be  allowed  two  shillings  per  day,  for  each  and 
'  every  day  they  shall  be  concerned  to  act  in  the  affair 
'  aforesaid ;  the  same  to  be  paid  by  the  proprietors  of 
'  the  province  proportion  ably  to  their  respective  shares 
'  of  the  said  province.  In  testimony  whereof,  we  the 
'proprietors  of  the  province  aforesaid,  have  to  this 

'  instrument 


OF    NEW-JERSEY.  201 

*  instrument,  in  this  and  the  schedule  hereunto  affixed,         A.  D. 
'put   our    hands,    dated    the    fourteenth    day    of    the 

*  twelfth  month  called  February,  anno  domini  1687. 

i  At  a  meeting  of  the  proprietors  at  Burlington,  this 
'sixth  of  the  seventh  month,  in  the  year  1688;  it  is 
'agreed,  that  five  of  the  commissioners  shall  be  a  quo- 
1  nun  in  all  their  meetings,  and  shall  have  power  to 
'act  in  as  full  manner  as  if  the  whole  number  of 
'  eleven  were  present ;  and  it  is  further  agreed,  that  the 
'  said  commissioners  shall  meet  at  least  once  a  quarter, 
'  the  day  after  each  quarter  sessions. 

(  Thomas  Hutchison,  Christopher  Wetherill,  Thomas 
'  Butcher,  John  Pancoast,  Henry  Grubb,  John 
f  Tatbam,  Thomas  Barton,  John  Wookton,  Robert 
'  Turner,  Thomas  Budd,  George  Hutchinson,  John 
'  Dayes,  John  Shinn,  Henry  Wood,  John  Kay,  Thomas 
1  Matthews,  Thomas  Sharp,  Isaac  Marriot,  Bernard 
'  Devonish,  Samuel  Oldale,  Thomas  French,  Percival 
'  Towlc,  Franci*  Collins,  Thomas  Gardiner,  Daniel 
'  Will*,  William  Meyers,  Anthony  Elton,  John  Hugg, 
1  Richard  Herritage,  William  Bate,  William  Alberson. 
'  An  instrument  of  the  same  form  and  date,  signed 
'  in  Gloucester  county,  by  Woolla  Dalbo,  William 
i  Cooper,  William  Alberson,  John  Ladd,  John  Hugg, 
'jun.  John  Wills,  Thomas  Sharp,  John  Rambo,  Robert 
1  Zane,  James  Atkinson,  Francis  Collins,  Thomas 
1  Thaebera,  John  Hugg. 

1  Indorsed  on  the  back  side. 

1  We   the  within  subscribers,    do  approve  of,  ratify 

and  confirm  the  persons  within  mentioned,  to  serve  as 

our  representatives  for  the  year  ensuing,  with  these 

alterations   following,   viz.  instead   of  Mahlon  Stacy 

and     Francis    Davenport,    that    John    Tatham    and 

George    Hutchinson,    be   elected   and   serve   in   their 

'  stead ;     and    in    place   of   William    Cooper,    Thomas 

r Gardiner, -Jan.  is  elected  to  serve  in  his  stead;    and 

'  that  instead   of  eleven    trustees,  there   shall    be   but 

1  nine  for  the  year  ensuing;  five  of  which  shall, make 

*  a   quorum :     All    which   is  consented   to,   concluded, 

'and 


202 


THE    HISTORY 


A.D. 

1688. 


Minutes 
of  W.  Jer- 
sey council 
of  proprie- 
tors. 


'  and  agreed  upon,  this  first  of  the  first  month,  at 
'Gloucester,  anno  1688,  by  the  proprietors  within 
'  subscribed. 

On  this  agreement  with  some  little  variations  after- 
wards, is  founded  the  present  constitution  of  the  council 
of  proprietors  of  West-Jersey ;  the  following  minutes, 
being  some  of  their  first  proceedings  thereafter,  shows 
their  method  and  practice  for  some  time  after  the  estab- 
lishment of  the  said  constitution. 

'At  a  meeting  of  several  proprietors  of  West-Jer- 
'sey,  at  Burlington,  on  the  sixth  day  of  the  seventh 
'  month,  anno  domini  1688. 

1  It  was  then  and  there  debated,  and  being  put  to 
'  the  vote,  agreed  by  the  proprietors  then  present,  that 
t  every  proprietor,  and  every  person  interested  in 
( proprieties,  shall  pay  to  the  use  of  Daniel  Coxe,  to- 
'any  person  appointed  to  receive  it,  as  a  reimburse- 
'  ment  for  the  money  laid  out  by  him,  in  the  Indian 
'  purchase  lately  made  in  the  lower  counties,  the  sum 
*  of  twelve  shillings  and  six  pence  for  every  thousand 
'acres,  and  so  proportionably  to  be  taken  up  out  of 
'  that  purchase ;  the  first  year  to  begin  the  first  day  of 
i  April  last  past,  and  from  that  time  twelve  months, 
'  to  advance  eighteen  pence  upon  every  year  ensuing, 
'  until  the  time  that  the  money  aforesaid  to  be  paid  for ; 
'  the  land  to  be  laid  out  within  the  bounds  of  the  same 
1  purchase,  as  consideration  for  the  monies  disbursed 
'  by  the  said  Daniel  Coxe  in  the  said  Indian  purchase  of 
'  the  whole  tract,  which,  by  the  surveyor  Andrew 
'  Robeson,  is  computed  to  be  three  hundred  thousand 
'acres  of  good  land,  capable  and  worthy  of  improve- 
'  ments ;  which  money  being  paid,  the  party  so  paying 
'  shall  be  acquitted  of  all  other  payments  on  the  con- 
'  sideration  aforesaid. 

'  2.  That  the  surveyor  for  the  time  being,  be 
'  engaged  not  to  set  out  any  land  within  the  limits  of 
'this  Indian  purchase,  until  the  money  abovementi- 
'  oned  be  paid  and  secured  as  abovesaid. 

'  3.  And 


OP    NEW-JERSEY.  203 

'  3.  And  it  is  further  agreed,  that  for  the  land  taken  A.  D. 
'  up  by  order  of  the  said  Dr.  Coxe,  above  the  falls  of 
'  Delaware,  every  proprietor  taking  up  any  part  there- 
'  ofj  shall  pay  to  Dr.  Coxe,  or  his  order,  the  sum  of 
'  twenty-five  shillings  per  thousand  acres,  and  two 
'shillings  and  six  pence  yearly  consideration,  till  the 
'  money  be  paid. 

'  At  a  meeting  of  the  council  of  proprietors,  being 
'nominated,  elected  and  constituted  by  the  proprie- 
'  tors  of  the  province  of  West-Jersey,  to  negotiate 
'  their  affairs  for  the  year  ensuing,  held  at  Burlington, 
'the  eighteenth  day  of  September,  anno  domini,  1688. 

1  Elected,  Thomas  Olive,  Andrew  Robeson,  Samuel 
'  Jenings,  Francis  Davenport,  William  Biddle,  Mah- 
1  Ion  Stacy,  William  Roy  don,  William  Cooper  and 
'John  Reading;  five  of  which  shall  make  a  quorum. 

1  Present  at  this  uneeting,  these  persons ;  Thomas 
'  Olive,  Andrew  Robeson,  Samuel  Jenings,  William 
'  Biddle,  Francis  Davenport,  William  Roydon,  Wil- 
'  liam  Cooper.  Thomas  Olive,  president. 

'  Imprimis,  It  is  agreed,  ordered  and  concluded 
'by  authority  of  the  council  abovesaid,  That  Samuel 
'  Jenings  be,  and  is  hereby  appointed  commissioner, 
'  to  examine  all  deeds,  taking  a  minute  of  the  same, 
'  and  issue  warrants  to  the  surveyor  general,  for  the 
*'  surveying  and  taking  up  of  lands ;  keeping  a  record 
'  of  the  same,  and  this  for  the  inhabitants  within  the 
'  county  of  Burlington,  or  to  any  others  as  occasion  shall 
'  require. 

'  2.  It  is  likewise  agreed  and  ordered,  that  John 
'  Reading  shall  perform  the  same  service,  for  the  inha- 
'  bitants  within  the  county  of  Gloucester ;  and  to  all 
1  others  as  occasion  shall  require. 

1  3.  And  it  is  ordered  and  appointed,  that  for  the 
'  support  of  their  service,  every  warrant  for  land  under 
'one  hundred  acres,  shall  pay  the  sum  of  one  shilling; 
'and  one  hundred  acres  and  above,  under  one  thou- 
'  sand,  shall  pay  the  sum  of  eighteen  pence ;  and  one 
'  thousand  acres  and  upwards,  sliall  pay  the  sum  of  two 
'  shillings  and  six  pence. 

'4.  And 


204  THE    HISTORY 

A.  D.  <  4.  And  it  is 'further  ordered,  that  the  said  Samuel 

88t        '  Jenings  and    John  Reading,  shall,  upon  demand  of 

*  this  council,  at  any  time,  deliver  into  them  a  copy  of 
'their  said  minutes  by  them  taken  from  time  to  time. 

'  5.  A  nd  it  is  ordered  and  appointed  by  the  autho- 
'  rity  aforesaid,  that  Andrew  Robeson,  the  surveyor 
'general,  shall  from  'time  to  time,  upon  demand  of 
'  this  council,  make  return  to  them  of  all  warrants 

*  executed  by  him,  that  have  not  been  returned  before. 

e  6.  And  it  is  likewise  ordered  and  appointed  by  this 
'council,  That  Mahlon  Stacy,  John  Day,  William 
'  Wood  and  John  Hollinshead,  shall  be  rangers  for 
'  the  county  of  Burlington  and  upwards ;  and  John 
'  Kay,  Thomas  Sharp  and  Israel  Helme,  jun.  shall 
'  be  rangers  for  the  county  of  Gloucester,  for  the  year 
'  ensuing. 

'7.  It  is  also  concluded  and  ordered,  that  no  person 
'  or  persons  whatsoever,  shall  presume  to  purchase  any 
e  land  from  the  Indians,  without  the  consent  of  this 
'  council  first  obtained,  otherwise  to  be  prosecuted  as 
'  our  common  enemy. 

'  The  council  adjourns  until  the  fourth  day  of  No- 
vember next. 

'  At  a  meeting  of  the  council  of  proprietors  in  Bur- 
'  lington,  upon  the  tenth  day  of  eighth  month,  anno 
'1688. 

'  Present  in  council,  Thomas  Olive,  president. 

'Andrew  Robeson,  William  Biddle,  Samuel  Jen- 
'  ings,  William  Roy  den,  John  Reading. 

'  Imprimis,  whereas  John  Skene  is  appointed  by  the 
'secretary  and  register  general  of  the  dominion  and 
'territories  of  New-England,  to  receive  the  records, 
'  rolls  and  papers  from  Thomas  Revel  and  John  Read- 
'  ing,  who  hath  already  demanded  the  same ;  and  the 
'  said  Thomas  Revel  and  John  Reading,  making  their 
'  application  to  the  council,  to  know  their  pleasure 
'  therein. 

'  The  council  have,  and  do  order,  that  all  records 
'  relating  to  government,  may  be  delivered  according 

'to 


OF    NEW-JERSEY.  205 

'  to  the  secretary's  order ;    but  such  as  relate  to  lands,        A.  D. 
'  they   judge   to  be  the  proprietors   property,  and  that  ' 

'  tlicv  ought  to  abide  and  remain  with  them,  and  hope 
'the  governor  is  already  satisfied  therewith. 

'  The  council  adjourns  till  the  sixth  hour  in  the 
'morning,  on  the  llth  day. 

'  The  eleventh  of  the  eighth  month. 

'Agreed  and  concluded,  that  all  deeds  granted  only 
'by  Edward  Byllinge,  in  and  before  the  year  1682,, 
'shall  be  adjudged  and  esteemed  insufficient  for  the 
'commissioners  to  grant  warrants  upon/ 

'  The  form  of  the  commissioners  commission. 

1  A.  B.  thou  art  hereby  authorized,  by  the  power  and 
'  order  of  the  council  of  proprietors,  to  be  commissioner 
' for  the  county  of  for  the  examining  of  deeds, 

'  and  (/ran fine/  warrants,  for  the  taking  up  of  lands 
'  within  the  province  of  West- Jersey  ;  well  and  faithfully 
'  in  all  things  discharging  thy  said  office  ;  and  the  trust 
'  in  thee  reposed,  according  to  the  instructions  herewith 

;  to  the  best  of  thy  skill,  and  understanding. 
'  Given  under  my  hand  and  seal,  the  &c. 

'  Instructions  for  the  commissioners  to  observe  and 
'follow,  in  their  examining  of  deeds,  and  granting 
'  of  warrants  for  the  taking  up  of  lands. 

'  1.  Agreed  and  ordered  by  the  council  aforesaid, 
'  that  the  commissioners  grant  no  warrants,  but  upon 
'  the  producing  of  good  deeds,  authentic  copies,  or 
'  an  extract  of  the  record  of  such  deed  under  the 
'  register's  hand,  &c. 

'  2.  That  all  deeds  granted  only  by  Edward  Byl- 
'  linge,  in  ami  before  the  year  1682,  shall  be  accounted 
'  insufficient  for  the  commissioners  to  grant  warrants 
'  upon. 

'  3.  That  there  shall  be  given  a  particular  warrant 
'  for  every  several  deed,  or  particular  purchase. 

'  4.  That  the  president  of  the  council  for  the  time 
'  being,  shall,  from  time  to  time,  grant  warrants 
'for  the  commissioners,  for  the  taking  up  of  their 
'own  lands. 

'5.  That 


206  T  H  E  .  H  I  S  T  O  R  Y 

A.  D.  <  5.  That  the  commissioners   shall   not  direct  their 

'88'         '  warrants  to  the  surveyor-general  for  the  laying  forth 

*  of  his  own  lands,  but  to  some  other  person,  at  the  dis- 
'  cretion   of    the   commissioner    that    gives    forth   the 

*  warrant. 

'  6.  That  every  proprietor  coming  for  a  warrant, 
'shall  first  sign  to  an  instrument,  to  be  presented  to 
'  them,  for  their  compliance,  to  pay  his,  and  their  res- 
'  pective  and  proportionable  share  of  such  incident 
'  charge,  for  the  management  of  the  proprietors  affairs ; 
'  as  in  the  said  instrument  here  following,  may  further 
'  appear. 

'  The  form  of  the  instrument  to  be  signed  by  the 
'  proprietors  before  they  have  warrants  granted  for  the 
'  taking  up  of  their  lands. 

'  We  the  subscribers  having  taken  into  considera- 
tion the  necessity  of  the  incident  charges,  that  will 
'  attend  the  council  of  proprietors,  in  the  employ  and 
'  concern  wherein  we  have  placed,  and  constituted 
'  them,  for  the  carrying  on,  and  discharging  of  those 
'  inevitable  charges  that  will  follow  upon  the  prosecu- 
'  tion  of  our  affairs ;  we  do  therefore  hereby  bind,  and 
'  oblige  ourselves ;  each  for  himself,  and  not  for  one 
'  another,  to  comply  with,  and  pay  our  proportions 
'respectively  of  the  aforesaid  charges,  as  our  said 
'  council  shall  from  time  to  time  give  us  an  account  of, 
'  and  find  needful  to  be  raised :  In  witness  whereof  we 
'  have  hereunto  set  our  hands,  the  &c. 

'  The  council  adjourns  till  the  7th  hour  in  the  morn- 
1  ing,  being  the  12th  day  of  October,  Anno  1688. 
1  The  12th  day  of  the  8th  month. 

'  The  council  being  ,met,  they  ordered  the  writing 
'  of  a  letter  to  the  governor,  to  request  the  secretary  to 
'  permit  the  records  of  lands  to  rest  in  the  same  hands 
'  they  have  formerly  been ;  forasmuch  as  they  conceive 
'  they  properly  belong  to  the  proprietors. 

The  council  likewise  order  another  letter  to  the 
'  secretary,  to  signify  the  receipt  of  his  warrant,  by 
'  Thomas  Revell  and  John  Reading,  for  the  delivery 

*  of  all  records,  rolls,  &c.  and  do  desire  the  secretary, 

'  that 


OF    NEW-JERSEY.  207 

*  that  the  records  of  lands  may  still  remain  in  the  said        A.  T>. 

*  Thomas  Revell  and  John  Reading's  hands:     But  for 
'  other  records  that  relate  to  government,  may  be  dis- 

*  posed  of  according  as  he  shall  appoint. 

We  have  before  given  a  summary  of  some  of  the 
first  laws  published  in  the  eastern  and  western  divisions, 
while  under  proprietary  management ;  from  that  time 
forward,  till  the  surrender  of  the  government,  many 
others  were  passed  in  both ;  but  being  either  framed 
to  particular  occasions,  or  afterwards  in  part  repealed 
or  supplied,  and  most  of  them  of  no  great  public  con- 
cernment now,  further  repetition  of  them  here  was 
thought  unnecessary. 

In  the  year  1691,  Dr.  Coxe  conveyed  the  govern-  1691- 
merit  of  West- Jersey  and  territories,  to  the  West-Jersey  Dr.  Coxe 
•society,  consisting  of  the  following  persons:  Sir  j°ei!,ey  So- 
Thomas  Lane,  knt.  Michael  Watts,  Ed^vard  Harri-  ciet7- 
«on,  Thomas  Skinner,  James  St.  Johns,  Nicholas 
Hayward,  Mordecai  Abbot,  Nicholas  Battersby, 
Robert  Curtis,  John  Jurin,  Richard  Bramhall,  Robert 
.Mitchell,  Charles  Mitchell,  James  Boddington,  John 
Gunston,  Arthur  Shallet,  John  Lamb,  William 
Wightman,  Joseph  Brooksbank,  William  Thompson, 
Henry  Harrington,  John  Love,  Thomas  Phipps, 
Isaac  Cocks,  John  Sweetable,  Thomas  Bromfield, 
John  Norton,  Robert  Hackshaw,  John  Bridges, 
Joseph  Paise,  Edward  Richier,  William  Dunk,  Ed- 
•ward  Habberdfield,  John  Alberson,  Edward  West, 
Edward  Paunccford,  Obadiah  Burnet,  Francis  Michel, 
Benjamin  Steele,  John  Slaney,  Nehemiah  Erwing, 
John  Wilcocks,  Richard  Mayo,  Jonah  Netteuway, 
William  Brooks,  Tracey  Pauncefort,  Joseph  Allen, 
and  Richard  (irccnaway.  Yid.  the  instrument,  Revell's 
JBook,  B.  Secretary's  office  Burlington,  p.  298. 


CHAP. 


208  THE    HISTORY 


CHAP.     XII. 

A  flood  at  Delaware  falls:  Death  and  character  of 
Thomas  Olive,  Thomas  Gardiner,  and  John  Woolston, 
Commotions  in  East  and  West-Jersey :  Surrender  of 
the  two  govenments  to  queen  Anne  :  Her  acceptance 
thereof ;  and  her  commission  to  lord  Cornbury. 

A.  p.        rTl  H  E  first  settlers  of  the  Yorkshire  tenth  in  West- 

JL       Jersey,  had  several  of  them  built  upon  the  low 

lands,  nigh  the  falls  of  Delaware,  where  they  had  now 

lived,  and    been    improving    near  sixteen  years;    they 

had  been   told   by   the  Indians,   their  buildings   were 

Flood  in       liable  to  be  damaged  by  freshes,  and  the  situation  of 
Delaware 

the  place   must   have   made    it   probable :     They  had 

however,  got  up  several  wooden  tenements  and  out- 
houses, which  in  the  spring  were  accordingly  generally 
demolished :  The  snows  suddenly  melting  above, 
caused  an  uncommon  overflow  of  the  river ;  there 
have  been  many  great  floods  since,  but  none  quite  so 
high ;  it  came  upon  them  so  unexpectedly,  that  many 
were  in  their  houses  surrounded  with  water,  and  con- 
veyed to  the  opposite  shore,  by  neighbours  from  thence, 
in  canoes  :  The  water  continued  rising  till  it  reached 
the  upper  stories  of  some  of 'their  houses,  then  most, 
or  all  of  them  gave  way,  and  were  dashed  to  pieces ; 
many  cattle  were  drowned ;  beds,  kettles,  and  other 
furniture,  were  picked  up  on  the  shores  below ;  the 
frights  and  damages  were  considerable;  two  persons 
in  a  house,  carried  away  by  the  sweeping  torrent,  lost 
their  lives  before  they  could  be  got  out.  This  accident 
taught  the  owners  here  to  fix  their  habitations  on 
higher  ground,  and  was  what  is  commonly  called  the 
great  flood  at  Delaware  falh. 

In 


O  F    N  E  W  -  J  E  R  S  E  Y  .  209 

It  was  in  the  spring  this  year  that  the  proprietors  A.  D. 
of  We.-a-Jcrsey  first  appointed  col.  Andrew  Hamilton  1692' 
to  be  their  governor.?- 

About  this  time  also  died  Thomas  Olive,  who  since  T.  Olive, 
the  first  settlement  of  West-Jersey,  had  been  a  man  of 
importance  there;  he  came  over  one  of  the  London 
commissioners  in  1(377,  was  sometime  governor,  in 
which  station  he  behaved  with  great  circumspection 
and  prudence;  while  a  common  magistrate  he  had  a 
iv-idy  method  of  business,  often  doing  it  to  good  effect 
in  the  seat  of  judgment  on  the  stumps  in  his  meadows; 
])<>  contrived  to  postpone  sudden  complaints,  till  cool 
deliberation  had  shewn  them  to  be  justly  founded,  and 
then  seldom  failed  o£  accommodating  matters  without 
much  cxpence  to  the  parties:  He  had  been  imprisoned 
and  otherwise  a  sufferer  for  religion  in  England  ;  and 
by  his  preaching  and  writing  as  well  as  other  public  and 
private  conduct,  had  gained  general  love  and  esteem, 
which  he  merited  to  the  last. 

In    September    1694,    died   Thomas   Gardiner;    he        1694. 
arrived    early   at    Burlington,    went    through   several  njr  Gardi" 
pnblick  stations  in  West- Jersey  with  a  good  character, 
ha  1    considerable   knowledge   in    variety   of   business, 
and  was  an  exemplary  member  of  society,  civil   and 
religious. 

In    the   beginning   of  1608,   died    John    Woolston,        1698. 
one  of  the  first  settlers  at  Burlington,  who  had  now    J>  Wool- 
for  upwards  of  twenty  years,  through  the  fatigues  of 
a  ne\v  settlement,  proved  himself  a  ready  friend  and 
neighbour,  and  valuable  member  of  society. 

We  are  now  come  to  the  year  1701;   a  memorable        1701. 
rcm    in    New-Jersey,  on   account   of  the   disturbances 
and  confusions  that  violently  agitated  several  parties, 

and 

g.  See  his  commission  in  book  B.  secretary's  office,  Burlington 
p.  287. 

O 


210  THE    HISTORY 

and  the  change  of  government  that  followed  in  con- 
sequence of  them :  Each  province  had  many  and 
different  proprietors,  who  promoted  separate  schemes 
and  interests;  these  sometimes  interfered:  To  facilitate 
particular  purposes,  one  party  would  have  the  choice 
and  management  of  a  governor,  while  another  refused 
any  but  of  their  own  nomination ;  and  a  third  objected 
to  proposals  from  either :  Moderate  councils  could  not 
be  heard ;  a  contaminating  spirit  of  party  and  discord 
took  place  of  order  and  peace ;  every  expedient  to 
restore  union  and  regularity,  proved  unsuccessful ; 
faction  prevail'd,  and  particular  animosities  were  nou- 
rished to  that  degree,  that  the  delays  of  time  seem'd 
only  to  give  opportunity  of  accumulating  fresh  occa- 
sions of  disgust  and  uneasiness ;  a  detail  of  particulars, 
would  be  an  ungrateful,  we  hope  an  unnecessary  task ; 
a  few  facts  may  suffice  as  specimens  of  the  whole :  To 
come  at  these,  we  must  go  back  to  the  spring  1698. 
J.  Bass.  Jeremiah  Bass,  under  a  pretence  of  a  commission  he 

had  received  from  some  of  the  proprietors   of  East- 
Jersey,  with  the  king's  approbation,  superceded  Andrew 
ton.  Hamilton,  the  then  governor  of  both  East  and  West 

Jersey ;  but  in  the  next  year  it  appeared,  that  Bass  had 
not  obtained  the  king's  approbation  of  his  commission, 
nor  was  it  granted  by  enough  of  the  proprietors  to  make 
it  valid,  which  induced  great  numbers  of  the  inhabitants 
to  refuse  obedience  to  him,  and  to  the  magistrates  and 
officers  by  him  appointed ;  some  persons  being  impri- 
soned for  refusing  obedience,  it  was  resented  by  others 
with  great  indignation,  and  feuds  and  confusion  follow- 
ed :  To  accommodate  matters  for  the  present,  Andrew 
Hamilton  was  again  appointed  governor,  by  a  fresh 
commission  from  some  of  the  proprietors ;  but  a  great 
number  refused  obedience  to  him,  and  the  magistrates 
and  officers  under  him,  in  like  manner,  and  for  the  same 
reasons  as  they  had  refused  Bass  and  those  he  appointed. 

The 


OF    NEW-  JERSEY.  211 

The  disorders  in  the  Eastern  division  during  this  time,r-        A.  D. 
made  such  an  impression   on  the  minds  of  many  of  the 


,  that  they  readily  hearkened  to  overtures  made 
for  a  surrender  of  government.  A  considerable  part 
of  West-  Jersey  was  also,  for  similar  reasons,  disposed 
to  a  resignation  :  The  commotions  in  both,  which  had 
i  increasing  for  some  years,  now  seemed  to  be  got 
to  a  crisis,  and  all  things  tended  to  a  surrender  of  the 
powers  of  government;  which  was  at  length  brought 
about  in  the  beginning  of  the  next  year. 

Mean  while  diverse  petitions  and  remonstrances  were  Remon- 
sent  home,  complaining  loudly  of  their  grievances  and 
confusions  ;  and  praying  redress  :  These  and  the  pro- 
ceedings in  conseque/ice  of  them,  show  the  principal 
matters  now  to  be  found  relating  to  the  surrender  and 
the  measures  they  took  to  reserve  their  privileges.  *• 

In   1702  the  surrender  was  made  by  the  following         1702» 
instrument. 

*  Surrender  from   the   proprietors  of  East  and   West-  Surrender. 

'  New-Jersey^  of   their  pretended    right  of   govern- 

1  inent  to  her  majesty. 

'  WHEREAS  his  late  majesty  king  Charles  the  second, 
'  by  his  letters  patents  under  the  great  seal  of  England, 
4  bearing  date  at  Westminster,  on  or  about  the  twelfth 
'<lay  of  March,  in  the  sixteenth  year  of  his  reign; 
'did  give  and  grant  to  James,  then  duke  of  York, 

*  his  lu-irs  and  assigns,  all  that  part  of  the  main  land  of 
4  New-England,  beginning  at  a  certain  place  called   or 
4  known    by    the    name    of    St.    Croix,    next  adjoining 
MO    New-Scotland,    in     America;     and    from    thence 

'  extending 

r.  Long  before,  according  to  the  representation  of  the  lords  of 

tnulr,  Oi-iober  l',   1701,   'the  proprietors  (say  they)   of  East-New- 

'Jeraej,  flitl  sum-mler  their  pretended  right  of  Government  to  king 

'.lamps,   in   the   month   of  April,    1688;    which    was   accordingly 

'•pled  I  iy  him.' 

«.  Vid.  Appendix,  numb,  viii,  ix,  x,  xi,  xii,  xiii,  xiv. 


212  THEHISTOKY 

A.  p.  '  extending  along  the  sea  coast  unto  a  certain  place 
1702'  '  called  Pemaquod  or  Peraaquid,  and  so  up  the  river 
'  thereof  to  the  furthest  head  of  the  same,  as  it  tends 
'  northward ;  and  extending  from  thence  to  the  river  of 
'  Kenibique  ;  and  so  upwards  by  the  shortest  course  to 
'  the  river  Canada,  northward  :  And  also  all  that  island 
'  or  islands,  commonly  called  by  the  several  name  or 
'  names  of  Manowacks,  or  Long-Island,  situate, 
6  lying  and  being  towards  the  west  of  Cape  Codd,  and 
'  the  Narrohigansets,  abutting  upon  the  main  land 
1  between  the  two  rivers  there,  called  or  known  by  the 
'several  names  of  Connecticut  and  Hudson's  river; 
'  together  also  with  the  said  river  called  Hudson's  river, 
1  and  all  the  lands  from  the  west  side  of  Connecticut 
e  river,  to  the  east  side  of  Delaware  bay  :  And  also  all 
1  those  several  islands  called  or  known  by  the  names  of 
'  Martin's  Vineyard,  and  Nantucks,  or  Nantucket : 
'  together  with  all  the  lands,  islands,  soils,  rivers, 
6  harbours,  mines,  minerals,  quarries,  woods,  marshes, 
'  waters,  lakes,  fishings,  hawkings,  hunting  and 
1  fowling;  and  all  other  royalties,  profits,  commodi- 
1  and  hereditaments  to  the  several  islands,  lands  and 
'  premises,  belonging  and  appertaining,  with  their 
'  and  every  of  their  appurtenances ;  TO  HAVE  AND 
1  TO  HOLD  all  and  singular  the  said  lands,  islands, 
(  hereditaments,  with  their  and  every  of  their  appur- 
1  tenances,  to  the  said  James  Duke  of  York,  his  heirs 
'  and  assigns  forever ;  to  be  held  of  the  said  king,  his 
'  heirs  and  successors,  as  of  his  manor  of  East  Green- 
1  wich  in  Kent,  in  free  and  common  socage,  and  not  in 
'  capite  or  by  knight's  service ;  yielding  and  rendering 
1  therefore  yearly  and  every  year,  forty  beaverskins  when 
'  demanded ;  or  within  ninety  days  after.  And  by  the 
'  same  letters  patents,  the  late  king  Charles  the  second, 
1  for  himself,  his  heirs  and  successors,  did  give  and 
1  grant  to  the  said  James  duke  of  York,  his  heirs, 
1  deputies,  agents,  commissioners  and  assigns,  full  and 
'  absolute  power  and  authority,  to  correct,  punish, 
'  pardon,  govern  and  rule  all  such  subjects  of  the  said 
'  king,  his  heirs  and  successors,  as  should  from  time 

'to 


OF    NEW- JERSEY.  213 

'  to  time  adventure  themselves  into  the  parts  and  places  A.  D. 
'aforesaid,  or  that  should  at  any  time  then  after  inhabit  i*02* 
'within  th»'  same,  according  to  such  laws,  orders,  or- 
4  dinances,  direci ions  and  instructions,  as  by  the  said 
'dukr  of  York,  or  his  assigns,  should  be  established; 
'and  in  defect  thereof,  in  case  of  necessity,  according 
'to  tin-  good  directions  of  his  deputies,  commission- 
'  ers,  officers  or  assigns  respectively,  as  well  in  all 
'  causo  and  matters,  as  well  capital  and  criminal,  as 
'civil,  both  marine  and  others;  so  always  as  the  said 
'statutes,  ordinances  and  proceedings,  were  not  con- 
'  trary,  but  as  near  as  might  be,  agreeable  to  the  laws 
'and  statutes  and  government  of  the  realm  of  Eng- 
'  land  ;  saving  and  reserving  to  his  said  majesty,  his 
'  heirs  and  successors,  the  receiving,  hearing  and  deter- 
'  mining,  of  the  apneal  and  appeals  of  all,  or  any 
'  other  per.-on  or  persons  of,  in  or  belonging  to  the  ter- 
'  ritories  or  islands  aforesaid,  in  or  touching  any  judg- 
'  rnent  or  sentence  to  be  there  made  or  given  ;  and 
'  further,  that  it  should  and  might  be  lawful  to  and  for 
'  the  said  duke  of  York,  his  heirs  and  assigns,  from 
'  time  to  time,  to  nominate,  constitute,  ordain  and 
'confirm  such  laws  as  aforesaid,  by  such  name  or 
'names  or  stiles,  as  to  him  or  them  shall  seem  good; 
'  and  likewise  to  revoke,  discharge,  change  and  alter 
'  a-  well  all  and  singular  governors,  officers  and  mini- 
'sters,  which  then  after  should  be  by  him  or  them 
'  thought  fit  or  needful  to  be  made  or  used  within  the 
'  aforesaid  parts  and  islands;  and  also  to  make,  ordain, 
'and  establish,  all  manner  of  orders,  laws,  directions, 
'  instructions,  forms  and  ceremonies  of  government 
'and  magistracy,  tit  and  necessary  for  and  concerning 
'the  government  of  the  territories  and  islands  afore- 
saul,  so  always  as  the  same  were  not  contrary  to  the 
laws  and  statutes  of  the  realm  of  England',  but  as 
near  as  might  In-,  agreeable  thereunto;  and  the  same 
at  all  times  then  after  to  put  in  execution  or  abrogate, 
ivy..kr  or  change,  not  only  within  the  precinct  of  the 
.-aid  territories  or  islands,  but  also  upon  the  seas  in 
'  and  mining  tu  aud  from  the  same,  as  he  and 

'  they 


214  THE    HISTORY 

A.  D.        '  they  in  their  good  direction  should  think  to  be  fittest 
1702.        t  for  fj-jg    OO(i  of  the  adventurers  and  inhabitants  there  : 


'And  the  late  king  did  thereby  grant,  ordain  and 
'  declare,  that  such  governors,  officers,  ministers,  as 
'  from  time  to  time  should  be  authorized  and  appointed 
'  in  manner  and  form  aforesaid,  should  and  mfght  have 

*  full  power  and  authority  to  use  and  exercise  martial 
'  law,  in  cases  of  rebellion,  insurrection  and  mutiny,  in 
'  as  large  and  ample  manner  as  the  lieutenants  of  his 
'  said  majesty  in  his  counties  of  the  realm  of  England 
'  had,  or  ought  to  have,  by  their  commissions  of  lieu- 
'  tenancy,  or  any  law  or  statute  of  the  said   realm  of 
'  England.      And  the  said  late  .king  did  thereby  also 
'  for  himself,  his  heirs  and  successors,  grant  to  the  said 
'  James    duke  of  York,  that  it  should  and  might  be 
'  lawful  for  him,  his  heirs  and  assigns,  in  his  or  their  dis- 
'  cretions,  from  time  to  time,  to  admit  such  and  so  many 
'  person  or  persons  to  trade  and  traffick  unto  and  within 
'  the  territories  and  islands  aforesaid,  and  into  every  or 
6  any  part  or  parcel  thereof,  and  to  have  process  and 
(  enjoy  any  lands  and  hereditaments  in  the  parts  and 
'  places  aforesaid,  as  they  should   think   fit,  according 
'  to  the  laws,  orders,  constitutions  and  ordinances  by 
'  the  said   James   duke   of  York,  his   heirs,  deputies, 
'commissioners  and   assigns,  from  time  to  time  to  be 

*  made  and  established,  by  virtue  of  and  according  to 

*  the  true  intent  and  meaning  of  the  said  letters  patents, 

*  and   under   such    conditions,  reservations  and   agree- 
'  ments  as  the  said  James  duke  of  York,  his  heirs  and 
'assigns,  should  set  down,  order,  direct  and  appoint; 
'  and  not  otherwise.     And  by  the  said  letters  patents,, 

*  the  said  king  did  for  himself,  his  heirs,  and  successors, 
'  grant  to  the  said  James  duke  of  York,  his  heirs  and 
'  assigns,  and  to  all  and  every  such  governor  and  gover- 
'  nors,  or  other  officers  and   ministers,  as  by  the  said 
'  James  duke  of  York,  his  heirs  or  assigns,  should  be 
'  appointed,  with  power  and  authority  of  government 

*  and  command  in  or  over  the  inhabitants  of  the  said 
'  territories  or  islands,  that  they  and   every  of  them 
'should,  or  lawfully  might,  from  time  to  time,  and  at 

'all- 


OF    NEW- JERSEY.  215 

'  all  times  then  after  or  for  ever,  for  their  several  defence  A.  D. 
'and  safety,  encounter,  expulse,  repel  and  resist  by  1/02> 
'  force  of  anus  a>  well  by  sea  as  by  land,  and  all  ways 
'and  means  whatsoever,  all  such  person  or  persons  as 
'  without  the  especial  licence  of  the  said  James  duke  of 
4  Y.M-'K,  hfr  heirs  or  assigns,  should  attempt  to  inhabit 
'within  the  several  precincts  and  limits  of  the  said 
'  territories  and  islands ;  and  also  all  and  every  such  per- 
4  son  and  persons  whatsoever,  as  should  enterprize  or 
'attempt  at  any  time  then  after,  the  destruction  or  in- 
4  va-ion,  detriment  or  annoyance  to  the  parts,  places  or 
'  islands  aforesaid,  or  any  part  thereof;  as  by  the  said  re- 
4  cited  letters  patents  duly  enrolled,  relation  being  there- 
'  unto  had,  more  at  large  may  appear.  AND  WHEREAS 
'  the  estate,  interest,  right  and  title  of  the  said  James 
'duke  of  York,  in  and  to  the  provinces  of  East-Jer- 
'sey  and  West-Jersey*;  part  of  the  premises  by  the  said 
'  recited  letters  granted,  are  by  mean  conveyances  and 
ranees  in  law,  come  unto  and  vested  in  or  claimed 
'amongst  others,  by  sir  Thomas  Lane,  Paul  Dorai- 
'  ni((iie,  Robert  Mitchell,  Joseph  Brooksbank,  Michael 
4  Watts,  Edward  Richier,  John  Norton,  Ebenezer 
'  Jones,  John  Whiting,  John  Willcocks,  John  Bridges, 
1  Thomas  Skinner,  Benjamin  Steel,  Obadiah  Burnet, 
4.J«t-eph  Micklethwait,  Elizabeth  Miller,  Benjamin 
4  Levy,  Francis  Minshall,  Joseph  Collier,  Thomas 
4  Lewis,  Jo.  Bennet,  John  Booker,  Benjamin  Nelson, 
4  .lames  \Vas-e,  Richard  Harrison,  John  Jurin, 
'  Richard  Greenaway,  Charles  Mitchell,  Francis 
4  Mitchell,  Tracy  Paunceford,  William  Hamond, 
4  Ferdinando  Holland,  William  Dockwra,  Peter  Son- 
'  mans,  Joseph  Grimston,  Charles  Ormston,  Edward 
'Antill,  George  Willocks,  Francis  Handcock,  Tho- 
'  mas  Barker,  Thomas  Cooper,  Robert  Burnet,  Miles 
er,  .John  .Johnstone,  David  Lyell,  Michael 
Hawdou,  Thomas  Warne,  Thomas  Gordon,  John 
Barclay,  Clement  Plumstead,  Gilbert  Mollison,  and 
4  Richard  Hasell,  the  present  proprietors  thereof;  and 
4  they  also  have  claimed,  by  virtue  of  the  said  letters 
4  patent**  and  mean  conveyances,  to  exercise  within 

'the 


216  THElJISTORY 

A.  D.  '  the  said  provinces  for  the  governing  the  inhabitants 
( thereof,  all  the  powers  and  authorities  for  government 
'  granted  by  the  said  letters  patents  to  the  said  duke  and 
'  his  heirs  and  assigns ;  but  her  majesty  hath  been  advised, 
'that  they  have  no  right  nor  can  legally  execute  any  of 
'  the  said  powers ;  but  that  it  belongetli  to  her  majesty 
'  in  right  of  her  crown  of  England,  to  constitute 
'governors  of  the  said  provinces,  and  to  give  directions 
'  for  governing  the  inhabitants  thereof,  as  her  majesty 
'shall  think  tit:  And  the  said  proprietors  being  desir- 
'  ous  to  submit  themselves  to  her  majesty,  are  willing  to 
'  surrender  all  their  pretences  to  the  said  powers  of 
( government,  to  the  intent  her  majesty  may  be  pleased 
( to  constitute  a  governor  or  governors  of  the  same 
'  provinces,  with  such  powers,  privileges  and  authori- 
'  ties  for  the  government  thereof,  and  making  of  such 
'laws  there,  with  the  consent  of  the  assembly  of  the 
'said  provinces,  and  her  majesty's  subsequent  appro- 
'  bation  thereof,  as  her  majesty  in  her  great  wisdom 
'  shall  think  fit  and  convenient.  WE  THEREFORE 
'  the  said  Sir  Thomas  Lane,  Paul  Dominique,  Robert 
'  Michell,  Joseph  Brooksbank,  Michael  Watts,  Ed- 
'  ward  Richeir,  John  Norton,  Ebenezer  Jones,  John 
'  Whiting,  Clement  Plurnstead,  John  Willcocks,  John 
'  Bridges,  Thomas  Skinner,  Benjamin  Steel,  Obadiah 
'  Burnet,  Joseph  Micklethwait,  Elizabeth  Miller,  Ben- 
'jamin  Levy,  Francis  Minshall,  Joseph  Collier,  Tho- 
'  mas  Lewis,  Jo.  Bennet,  John  Booker,  Benjamin 
'  Nelson,  James  Wasse,  Richard  Harrison,  John 
'  Jurin,  Richard  Greenaway,  Charles  Mitchell,  Fran- 
'  cis  Mitchell,  Tracy  Paunceford,  William  Hamond, 
'Ferdinando  Holland,  Willam  Dockwra,  Peter  Son- 
'  mans,  Joseph  Grimston,  Charles  Ormston,  Edward 
'  Antill,  George  Willocks,  Francis  Handcock, 
'  Thomas  Barker,  Thomas  Cooper,  Robert  Burnett, 
'  Miles  Foster,  John  Johnstone,  David  Lyell,  Mi- 
'chael  Hawdon,  Thomas  Warne,  Thomas  Gordon, 
'  John  Barclay,  Gilbert  Mollison,  and  Richard  Hasell, 
'  &c.  the  present  proprietors  of  the  said  provinces  of 
'  East-Jersey  and  West-Jersey,  for  the  considerations 

'and 


OF    NEW-JERSEY.  217 

1  and  to  the  intent  aforesaid,  have  surrendered  and  A.  D. 
'  yielded  up,  and  l>v  these  presents  for  us  and  our  heirs,  1702. 
'do  surrender  and  yield  up  unto  our  sovereign  lady 
'A\NK,  by  the  o-race  of  God,  queen  of  England, 
'Scotland,  France,  ami  Ireland,  defender  of  the  faith, 
'  tvc.  her  heirs  and  successors,  all  these  the  said  powers 
'  and  authorities  to  correct,  punish,  pardon,  govern 
'  and  rule,  all  or  any  of  her  majesty's  subjects  or  others 
'  who  now  inhabit,  or  hereafter  shall  adventure  into  or 
'  inhabit  within  the  said  provinces  of  East-Jersey  and 
'  \\Y.>t- Jersey,  or  either  of  them;  and  also  to  nomi- 
'  nate,  make,  constitute,  ordain  and  confirm  any  laws, 
'orders,  ordinances  and  directions  and  instruments 
'for  those  purposes,  or  any  of  them;  and  to  noini- 
'  nate,  constitute  or  appoint,  revoke,  discharge,  change, 
1  or  alter  any  governor  or  governors,  officers  or  mini- 
*  sters,  which  are  or  snail  be  appointed,  made  or  used 
'within  the  said  provinces  or  either  of  them;  and  to 
'  make,  ordain  and  establish  any  orders,  laws,  direc- 
'  tion<,  instruments,  forms  or  ceremonies  of  govern- 
'  inent  and  magistracy,  for  or  concerning  the  govern- 
'  inent  of  the  provinces  aforesaid,  or  either  of  them; 
k  or  on  the  sea  in  going  and  coming  to  or  from  thence; 
1  or  to  put  in  execution,  or  abrogate,  revoke  or  change 
'  such  as  are  already  made  for  or  concerning  such 
'  government,  or  any  of  them ;  and  also  all  those  the 
'said  powers  and  authorities  to  use  and  exercise  martial 
Maw  in  the  places  aforesaid,  or  either  of  them,  and 
1  to  admit  any  person  or  person  to  trade  or  traffick 
there,  and  of  encountering,  repelling  and  resisting 
'  by  force  of  arms,  any  person  or  persons  attempting  to 
1  inhabit  there  without  the  licence  of  us  the  said  pro- 
'  prietors,  our  heirs  and  assigns,  and  all  other  the  pow- 
'  ers,  authorities  and  privileges  of  or  concerning  the 
'government  of  the  provinces  aforesaid,  or  either  of 
'them,  or  the  inhabitants  thereof,  which  were  granted 
'or  mentioned  to  be  granted  by  the  said  recited  letters 
'  patents,  and  every  of  them.  IN  WITNESS  whereof, 
1  the  per<nn>  abovenamed,  have  hereunto  set  their 
'  hands  and  seals,  this  fifteenth  day  of  April,  in  the 

1  year 


218  THE    HISTORY 

A.  D.        *  year  of  our  lord  one  thousand  seven  hundred  and  two ; 
<  au(j  jn  ^e  £rg£  year  Q£  her  majesty's  reign. 

For  the  eastern  division. 

'  Peter  Son  mans,  Joseph  Ormston  for  myself,  and 
'as  proxy  for  Charles  Ormston,  Edward  Antill,  and 
'  George  Willocks,  and  representative  of  Francis 
1  Hancock ;  Thomas  Lane,  Paul  Dominique,  Ro- 
'  bert  Mitchel,  Joseph  Brooksbank,  E.  Richier.  Mi- 
'  chael  Watts,  Clement  Plumstead,  Lewis  Morris  in 
'  the  behalf  of  Robert  Burnet ;  Miles  Foster,  John 
'  Johnstone,  Michael  Hawdon,  John  Barclay,  David 
'  Lyell,  Thomas  Warne,  Thomas  Gordon,  Thomas 
'  Barker,  Thomas  Cooper,  Gilbert  Mollison,  Henry 

*  Adderly   for    Richard    Hasel,    of    Barbados ;    Wil- 
'  liam'Dockwra.  For  the  western-division. 

'  John  Booker,  John  Whiting,  John  Willcocks,  John 
'  Bridges,  Thomas  Skinner,  Benjamin  Steel,  Obadiah 
'  Burnet,  Joseph  Micklethwait,  Thomas  Lamb,  Paul 
'  Dominique,  Francis  Mitchel,  Joseph  Brooksbank, 
'  Michael  Watts,  Ed.  Richier,  John  Norton,  Eben. 
'  Jones,  Benjamin  Nellson,  James  Wasse,  Richard 
'  Harrison,  John  Jurin,  Richard  Greenaway,  Charles 
'  Mitchel,  Francis  Mitchel,  Francis  Paunceford,  Wil- 
'  Ham  Hamond,  Ferd.  Holland,  Elizabeth  Miller, 

*  Benjamin    Levy,    Francis    Minshall,  Joseph    Collins, 
'  Thomas  Lewis,  Jo.  Bennet. 

'  Sealed  and  delivered  by  T.  Lane,  P.  Dominique, 
'  R.  Michell,  J.  Brooksbank,  M.  Watts,  E.  Richier, 
'  J.  Norton,  E.  Jones,  J.  Whiting,  J.  Willcocks,  J. 
'Bridges,  T.  Skinner,  B.  Steel,  O.  Burnett,  J.  Mic- 
'klethwait,  E.  Miller,  B.  Levy,  F.  Minshall,  J. 

*  Collier,  T.  Lewis,  J.  Bennet,  J.  Booker,  B.  Nelson, 

*  J.  Wasse,  R.  Harrison,   J.  Jurin,  R.  Greenaway,  C. 
'  Mitchel,    F.    Mitchel,    T.    Pauncefort,  W.   Hamond, 
'  F.   Holland.      And  for   the   interest  the  proprietors 
'  of  West-Jersey,  have   in    East-Jersey,    T.    Lane,    P. 
'  Dominique,  R.  Mitchel,  J.  Brooksbank,  E.  Richier, 
'  and  M.  Watts.     Sealed  and  delivered  by  the  aforesaid 
'  persons  in  presence  of  us,  L.  Morris, 

Jonathan  Greenwood. 
'  Sealed 


OF    NEW- JERSEY.  219 

'Scaled  and  delivered  by  William  Dockwra,  Peter        A.  D. 
'  Sonmans,    Joseph     Ormston,    Th  >mas    Barker,    and 
'  Thomas   Cooper,  proprietors   of  East-Jersey,    in  the 
*  piW'iioe  of  us,  Richard  Bouts,  Nathaniel  Welch. 

•Scaled  and   delivered   by  Gilbert  Mollison,  in  pre- 
<s<-ii-'e  of  us,  Daniel  Wild,  Gilbert  Falconer. 

*  Scaled    and    delivered    by   Clement   Plumstead,  in 
'  presence  of  us,  John  Askew,  Samuel  Hannington. 

<  Scaled    and   delivered    by  Henry  Adderly,  in  pre- 
'sence  of  us,  John  Blackall,  Thomas  Gage. 

1  Sealed   and   delivered    by    Lewis    Morris,    in    pre- 
'sfiK-e  of,  Aug.  Graham,  Richard  Bibby.7 

'  The   QUEEN'S   acceptance   of    the   surrender   of 

'  government. 
'At  the   court  at   St.  James's,  the   17th   day  of 

'  April,  1702. 

'  PRESENT  :    The  QUEEN'S  most  excellent  majesty. 
'  His     Royal      Highness         Earl  of  Radnor, 
'  Prince      George      of         Earl  of  Berkely, 
'  Denmark,  Earl  of  Rochester, 

'  Lord  Keeper,  Earl  of  Marl  borough, 

'  Lord  President,  Earl  of  Bradford, 

'  Lord  Steward,  Earl  of  Romney,  Queen's 

<  Duke  of  Bolton,  Earl  of  Ranelagh, 

'  Duke  of  Schomberg,  Lord  Ferrers, 

'  Duke  of  Leeds,  Lord  Godolphin, 

'  Lord    Great    Chamber-         Mr.  Comptroller, 
'  lain,  Mr.  Vice  Chamberlain, 

'  Karl   Marshal,  Mr.  Secretary  Vernon, 

'  Lord  High  Admiral,  Mr.  Chancellor  of  the  Ex- 

'  Lord  Chamberlain,  chequer, 

k  K-irl  of  Dorset,  Lord  Chief  Justice, 

'  Ivirl  of  Manchester,  Sir  Charles  Hedges, 

Etirl  of  Stamford,  Mr.  Smith. 

1  Karl  of  Burlington, 

'  This  day  the  several  proprietors  of  East  and  West 
'  New-Jersey,  in  America,  did  in  person,  present  a 
'  deed  i»f  surrender  by  them  executed  under  their  hands 
1  and  seals,  to  her  majesty  in  council,,  and  did  acknow- 

'  ledge 


220  THE    HISTORY 

A.  D.  <  ledge  the  same  to  be  their  act  and  deed  ;  and  humbly 
'  desire  her  majesty  to  accept  the  same,  that  it  might 
'  be  enrolled  in  the  court  of  chancery,  whereby  they 
'  did  surrender  their  power  of  the  government  of  those 
'plantations:  Which  her  majesty  graciously  accepted, 
'  and  was  pleased  to  order,  as  it  is  hereby  ordered,  that 
'  the  same  be  enrolled  in  her  majesty's  said  high  court 
1  of  chancery ;  and  the  said  instruments  are  to  be  deli- 
'  vered  to  Mr.  Attorney  General,  who  is  to  take  care 
( that  the  same  be  enrolled  accordingly. 

Lord  Directly  after  the  surrender,  Edward   lord  viscount 

Cornbury,  grandson  to  the  great  chancellor  Clarendon, 
was  appointed  governor  of  New-Jersey ;  his  commis- 
sion was  as  followeth  : 

<  ANNE,  by  the    grace    of  God,  of  England,  Scot- 

*  land,    France   and    Ireland,    Queen,  defender  of  the 
4  faith,  &c.     To  our  trusty  and  well  beloved  Edward 

*  Hyde,    esquire,     commonly    called     lord    Cornbury, 

*  greeting  :     Whereas  in  the  government  of  that  coun- 

*  try,  which    was    formerly    granted    by    king   Charles 
4  the   second,    under   the   name    of    Nova-Csesaria,    or 
4  New-Jersey,  and  which  has  since  been  subdivided  by 
4  the   proprietors,   and    called    East   New- Jersey,   and 
'  West  New-Jersey,  such  miscarriages  have  happened, 
4  that  the  said  country  is  fallen  into  disorder  and  confu- 
4  sion  ;  which  has  accordingly  been  represented  to  our 
4  dearest  brother  the   late   king,    in    several    petitions, 
4  memorials   and   other   papers,  signed  by  the  general 
'  proprietors,  and  by  great  numbers  of  the  inhabitants  ; 

*  and  by  means  of  that  disorder  the  publick  peace  and 

*  administration  of  justice,  whereby  the  properties  of 
'  our  subjects  should  be  preserved  there,  is  interrupted 
'and   violated,   and   the   guard   and    defence   of    that 
'  country  so  totally  neglected,  that  the  same  is  in  immi- 
'  nent  danger  of  being  lost  from  the  crown  of  England  : 
'  And  whereas  the  aforesaid  proprietors  being  sensible 
t  that  the  said  country,  and  our  good  subjects  the  inha- 
'  bitants  thereof,  cannot  be  defended  and   secured   by 

*  any  other  means  then  by  our  taking  the  government 

<of 


O  F    N  E  W  -  J  E  R  S  E  Y  .  221 

'  of  the  same  under  our  immediate  care,  have  executed  A^.  D. 
'and  made  a  formal  and  entire  surrender  of  their 
4  right,  or  pretended  right  and  title  to  the  government 
'of  that  country  unto  us:  We  therefore,  reposing 
'especial  trust  and  confidence  in  the  prudence,  cou- 
'  rage  and  loyalty  of  you  the  said  lord  Cornbury,  out 
'of  our  especial  grace,  certain  knowledge,  and  nicer 
'motion,  hath  thought  fit  to  constitute  and  appoint, 
'and  by  these  presents  do  constitute  and  appoint  you 
'  the  said  lord  Cornbury,  to  be  our  captain  general  and 
'governor  in  chief,  in  and  over  the  aforesaid  country 
4  of  Nova-(Vsaria,  or  New-Jersey,  viz.  the  division 
'of  Kast  and  West  New-Jersey,  in  America,  which 
'  we  have  thought  fit  to  reunite  into  one  province,  and 
'  settle  under  one  entire  government:  And  we  do  here- 
'  by  require  and  command  you,  to  do  and  execute  all 
'  things  in  due  manner  fchat  shall  belong  unto  your  said 
'command,  and  tfie  trust  we  have  reposed  in  you, 
'  according  to  the  several  powers  and  directions  gran  ted 
'  or  appointed  you  by  this  present  commission,  and 
'  the  instructions  and  authorities  herewith  given  you,. 
'  or  by  such  further  powers,  instructions  or  authorities 
'  as  shall  at  any  time  hereafter  be  granted,  or  appointed 
'you  under  our  signet  and  sign  manual,  or  by  onr 
'order  in  our  privy  council,  and  according  to  such 
'  reasonable  laws  and  statutes  as  shall  be  made  and 
'  agreed  upon  by  you,  with  the  advice  and  consent  of 
'  the  council  and  assembly  of  our  said  province,  under 
'your  government,  in  such  manner  and  form  as  is 
'  hereafter  expressed  And  our  will  and  pleasure  is, 
'  that  you  the  said  lord  Cornbury,  having  after  the 
'proclamation  of  these  our  letters  patents,  first  taken 
the  oaths  appointed  by  act  of  parliament  to  be  taken 
I  instead  of  the  oath  of  allegiance  and  supremacy,  and 
'the  oath  mentioned  in  an  act,  entitled,  An  act  to 
4  dei'hire  the  <ilt--rntinn  in  tk(  oath  appointed  to  he  tnken, 
4  />//  I  he  art,  entitled,  An  <  id  for  the  further  security  of 
4  hi*  mtljexLtf*  perxon,  ,,m/  //^>  wcettition  of  the  crown,  in 
4  Mr  iH-ntfxhint  line,  and  for  the  extinguishing  thr  hopes. 
4  oj  the  pretended  prince  of  HWr.s,  and  all  other  pretender* 

'and 


222  THE    HISTORY 

A.  D.  *  and  their  open  and  secret  abettors,  and  for  the  declaring 
t  the  association  to  be  determined;  as  also  the  test  menti- 
'  oned  in  the  act  of  parliament  made  in  the  twenty  fifth 
•'  year  of  the  reign  of  king  Charles  the  second,  entitled, 
''  An  act  for  preventing  dangers  which,  mat/  happen  from 
'  popixh  recuwintx;  together  with  the  oath  for  the  due 
'  execution  of  the  office  and  trust  of  our  captain  gene- 
'  ral  and  governor  in  chief,  in  and  over  our  said  pro- 
'  vince  of  Nova-Cfflsaria,  or  New-Jersey,  as  well  with 
'  regard  to  the  equal  and  impartial  administration1  of 
'justice,  in  all  causes  that  shall  come  before  you,  as 
'  otherwise  ;  and  likewise  the  oath  required  to  be  taken 
'by  governors  of  plantations,  to  do  the  utmost  that 
( the  laws  relating  to  the  plantations  be  observed  ;  all 
(  which  our  council  in  our  said  province,  or  any  three 
'of  the  members  thereof,  have  hereby  full  power  and 
.•'  authority,  and  are  required  to  administer  unto  you  ; 
'  and  in  your  absence  our  lieutenant  governor,  if  there 
'  be  any  upon  the  place ;  you  shall  administer  unto 
•'  each  of  the  members  of  our  said  council,  as  also  to 
'  our  lieutenant  governor,  if  there  be  any  upon  the 
''  place,  as  well  the  oath  appointed  by  the  act  of  parli- 
'  ament  to  be  taken  instead  of  the  oath  of  allegiance 
'  and  supremacy,,  and  the  oath  mentioned  in  the  said 
'  act,  entitled,  An  act  to  declare  the  'ttlbyiition  in  the 
1  oath  (ippoinled  to  be  taken  by  an  act,  entitled,  An  art 
1  for  the  further  xecwity  of  his  mryV.sfy/'s  person,  and  the 
1  succession  of  the  crown  in  the  proteatant  lime,  and  for 
'  extinguishing  the  hopes  <tf  the  pretended  prince  of  Wtfltnt 
1  and.  all  other  pretenders,  and  their  open  <tnd  secret  (d)>t- 
1  tors, and  for  dec/firing  the  association  fa  b?  determined  ; 
'  as  the  forementioned  test,  and  the  oath  for  the  due 
'execution  of  their  places  and  trusts.  And  we  do 
'  hereby  give  and  grant  unto  you,  full  power  and 
'  authority,  to  suspend,  any  of  the  members  of  our  said 
'  council  from  sitting,  voting,  and  assisting  therein, 
''if  you  shall  see  just  cause  for  so  doing:  And  if  it 
'  shall  at  any  time  happen,  that  by  the  death,  departure 
''  out  of  our  said  province,  or  suspension  of  any  of  our 
•'said  councellors,  or  otherwise,  there  shall  be  wanting 

'  in 


OF    NEW-JERSEY.  223 

*  in  our  said  council,  any  three  whereof  we  do  appoint        A.  T). 
4  to  be  a  quorum,  our  will  and  pleasure  is,  that  you 
'signify  the  same  unto  us,  by  the  first   opportunity, 

4  that  we  may  under  our  signet  and  sign  manual,  consti- 
tute and  appoint  others  in  their  stead;  but  that  our 
*n flairs  may  not  suffer  at  that  instant,  for  want  of  a 
'due  number  of  councellors,  if  ever  it  should  happen 
'that  there  should  be  less  than  seven  of  them  residing 
'in  our  said  province,  we  do  hereby  give  and  grant 
1  unto  you  the  said  lord  Cornbury,  full  power  and 
4  authority  to  chuse  as  many  persons  out  of  the  princi- 
'  pal  freeholders,  inhabitants  thereof,  as  will  make  up 
'the  full  number  of  our  said  council  to  be  seven,  and 
f  no  more ;  which  persons  so  chosen  and  appointed  by 
'you,  shall  be  to  all  intents  and  purposes  councellors 
'  in  our  said  province,  until  either  they  shall  be  con- 
'  firmed  by  us,  or  that?  by  the  nomination  of  others  by 
4  us,  under  our  sign  manual  and  signet,  our  said  council 

*  shall  have  seven  or  more  persons  in  it.     And  we  do 
'  hereby    give   and    grant   unto    you,   full    power   and 
'authority,  with  the  advice  and  consent  of  our  said 

*  council  from  time  to  time,  as  need  shall   require,  to 
Summon  and  call  general  assemblies  of  the  freeholders 
'and    planters    within    your    government,    in    manner 
'and  form  as  shall  be  directed  in  our  instructions  which 
'shall  be  given    you,,  together  with  this  our  commis- 
'sion.      Our   will    and    pleasure   is,    that   the    persons 

thereupon  duly  elected,  by  the  major  part  of  the 
'  freeholders  of  the  respective  counties  and  places  so 
'returned,  and  having  before  sitting,  taken  the  oaths 
'appointed  by  act  of  parliament  to  be  taken  instead  of 
4  tin-  oaths  of  alleu'iaiK-e  and  supremacy,  and  the  oath 
'  mentioned  in  the  aforesaid  act,  entitled,  An  act  to 
4  dei'/are  tin'  <t /ten i Hun  in  the  oath  appointed  fo  be  taken  by 
'the  act,  entitled,  An  art  for  the  further  security  of 
'///x  majesty'*  y>,r*oH,  <m<l  tlir  succession  of  the  erown  m 
'the  protextant  l',,n',  and -for  e.rtinffiiMtinp  the  hope*  of 
'the  pretended  prim-,-  <>f  Wales,  ami  all  other  pretenders, 
'and  their  open  <,,nl  secret  abettor*,  and  for  dn-larituj  the 
4  association  to  be  determined;  as  also  the  aforementioned 

'test 


224  THE    HIS TORY 

A.  D.  'test:  Which  oath  you  shall  commissionate  fit  persons 
'  under  our  seal  of  Nova-Csesaria,  or  New-Jersey,  to 
1  administer  nnto  them,  and  without  taking  of  which 
'oaths  and  subscribing  the  said  test,  none  shall  be 
'capable  of  sitting  though  elected,  shall  be  called  and 
'  held  the  general  assembly  of  that  our  province,  and 
'that  you  the  said  lord  Cornbury,  by  and  with  the 
'advice  and  consent  of  our  council  and  assembly,  or 
'the  major  part  of  them  respectively,  shall  have  full 
1  power  and  authority  to  make,  constitute  and  ordain 
'laws,  statutes  and  ordinances,  for  the  public  peace, 
1  welfare  and  good  government  of  our  said  province, 
'and  of  the  people  and  inhabitants  thereof,  and  such 
'  others  as  shall  resort  thereto,  and  for  the  benefit  of 
'  us,  our  heirs  and  successors,  which  said  laws,  statutes, 
'  and  ordinances  are  not  to  be  repugnant,  but  as 
'near  as  may  be,  agreeable  unto  the  laws  and  statutes 
'  of  this  our  kingdom  of  England  ;  provided  that  all 
'such  laws,  statutes  and  ordinances,  of  what  nature 
'  or  duration  soever,  be  within  three  months  or  sooner, 
'after  the  making  thereof,  transmitted  to  us,  under 
'our  seal  of  Nova-Ca3saria,  or  New- Jersey,  for  our 
'approbation  or  disallowance  of  them,  as  also  dupli- 
'  cates  thereof  by  the  next  conveyance,  or  in  case  any 
'  or  all  of  them  being  not  before  confirmed  by  us,  shall 
'at  any  time  be  disallowed  and  not  approved,  and  so 
'signified  by  us,  our  heirs  or  successors,  under  our  or 
'  their  sign  manual  and  signet,  or  by  order  of  our  or 
'their  privy  council,  unto  you  the  said  lord  Cornbury 
'or  to  the  commander  in  chief  of  our  said  province 
'  for  the  time  being,  then  such  and  so  many  of  them 
'as  shall  be  disallowed  and  not  approved  shall  from 
'  henceforth  cease,  determine,  and  become  utterly  void 
'  and  of  none  effect,  any  thing  to  the  contrary  thereof 
'  notwithstanding.  And  to  the  end  that  nothing  may 
'be  passed  or  done  by  our  said  council  or  assembly,  to 
'the  prejudice  of  our  heirs  and  successors,  we  will  and 
'  ordain,  that  you  the  said  lord  Cornbury,  shall  have 
'arid  enjoy  a  negative  power  in  the  making  and  passing 
'of  all  laws,  statutes  and  ordinances  as  aforesaid.  And 

'  that 


O  F    N  E  W  -  J  E  R  S  E  Y .  225 

'that  yon  shall  and  may  likewise  from  time  to  time,  as  A.  IX 
'you  shall  judge  it  necessary,  adjourn,  prorogue  and 
'dissolve,  all  general  assemblies.  Our  will  and  plea- 
Sure  is,  that  you  shall  and  may  use  and  keep  the  pub- 
'  lick  seal  of  our  province  of  Nova-Ca3saria,  or  Ncw- 
'. Jersey,  for  sealing  all  things  whatsoever  that  pass 
'the  Mjvat  s;-al  of  our  said  province  under  your  govern- 
'  ment.  And  we  do  further  give  and  grant  unto  you 
'the  said  lord  Cornbury,  full  power  and  authority, 
'from  time  to  time,  and  at  all  times  hereafter,  by 
'yourself,  or  by  any  other  to  be  authorized  by  you 
'  in  that  behalf,  to  administer  and  give  the  oaths 
'appointed  by  act  of  parliament,  instead  of  the  oath 
'of  allegiance  and  supremacy,  to  all  and  every  such 
'person  and  persons  as  you  shall  think  fit,  who  shall 
'at  any  time  or  times  pass  into  our  said  province,  or 
'shall  be  resident  or  "abiding  there.  And  do  further 
'give  and  grant  unto  you,  full  power  and  authority, 
'with  the  advice  and  consent  of  our  said  council,  to 
t,  constitute  and  establish  such  and  so  many  courts 
'of  judicature  and  publick  justice  within  our  said  pro- 
'  vince  tinder  your  government,  as  you  and  they  shall 
'think  fit  and  necessary,  for  the  hearing  and  determin- 
ing of  all  causes  as  well  criminal  as  civil,  according 
'to  law  and  equity,  and  for  awarding  execution  there- 
'  upon,  with  all  reasonable  and  necessary  powers,  autho- 
'ritics,  fees  and  privileges  belonging  unto  them;  and 
'also  to  appoint  and  commissionate  fit  persons  in  the 
Several  parts  of  your  government,  to  administer  the 
'oaths  appointed  by  act  of  parliament  to  be  taken 
'  instead  of  the  oath  of  allegiance  and  supremacy,  and 
'the  oath  mentioned  in  the  aforesaid  act,  entitled,  An 
'  ticf  t<>  derlare  the  a/feration  in  the  oath  to  be  taken  by  the 
'  act,  entitled,  An  art  for  the  further  security  of  his 
'  //m/V.v///'x  person,  and  the  xwvrxx/Vw  of  the  crown  in  the 
1  prutc.stant  Inn;  and  for  the  extinguishing  the  hopes  of 
'  tin-  j/r< tended  prince  of  H^/rx,  and  all  other  pretenders, 
'and  their  open  and  secret  abettors,  and  for  declaring 
*  the  a>i#iH-itifion  to  be  determined;  as  also  the  test  unto 
Such  peix.i's  as  shall  be  obliged  to  take  the  same. 

p  'And 


226  THE    HISTORY 

A.  D.  'And  we  do  hereby  authorize  and  ira power  you,  to 
'constitute  and  appoint  judges,  and  in  cases  requisite 
'commissioners  of  oyer  and  terminer,  justices  of  the 
'peace,  and  other  necessary  officers  and  magistrates  in 
'our  said  province,  for  the  better  administration  of 
'justice,  and  putting  the  laws  in  execution,  and  to 
'administer,  or  cause  to  be  administered  unto  them, 
'  such  oath  or  oaths  as  are  usually  given  for  the  due 
'execution  and  performance  of  offices  and  places,  and 
'for  the  clearing  of  truth  in  judicial  causes.  And  we 
'do  hereby  give  and  grant  unto  you,  full  power  and 
'  authority,  where  you  -shall  see  cause,  or  judge  any 
'  offender  or  offenders  in  criminal  matters,  or  any  fines 
'or  forfeitures  due  unto  us,  fit  objects  of  our  mercy,  to 
'  pardon  all  such  offenders,  and  to  remit  all  such  offen- 
'ces,  fines  and  forfeitures,  treasons  and  wilful  murder 
'only  excepted;  in  which  case  you  shall  likewise  have 
*  power  upon  extraordinary  occasions,  to  grant  reprieves 
'to  the  offenders,  until  and  to  the  intent  our  royal  plea- 
'sure  may  be  known  therein.  And  we  do  by  these  pre- 
'sents,  authorise  and  impower  you  to  collate  any  person 
'  or  persons  to  any  churches,  chapels  or  other  ecclesia- 
'cal  benefices  within  our  said  province,  as  often  as 
'any  of  them  shall  happen  to  be  void.  And  we  do 
'  hereby  give  and  grant  unto  you  the  said  lord  Cornbury, 
'  by  yourself,  and  by  your  captains  and  commanders 
'  by  you  to  be  authorised,  full  power  and  authority  to 
'  levy,  arm,  muster,  command  and  employ  all  persons 
'  whatsoever  residing  within  our  said  province  of  Nova- 
'  Cffisaria,  or  New- Jersey,  and  as  occasion  shall  serve, 
'  them  to  transport  from  one  place  to  another  for  the 
'resisting  and  withstanding  of  all  enemies,  pirates,  and 
'  rebels,  both  at  sea  and  land,  and  to  transport  such  for- 
'  ccs  to  any  of  our  plantations  in  America,  if  necessity 
'shall  require,  for  the  defence  of  the  same,  against  the 
'  invasion  and  attempts  of  any  of  our  enemies,  pirates 
'and  rebels,  if  there  shall  be  occasion,  to  pursue  and 
'prosecute  in  or  out  of  the  limits  of  our  said  province 
'  and  plantations,  or  any  of  them ;  and  if  it  shall  please 
'God  them  to  vanquish,  apprehend  and  take,  and 

'  being 


OF    NEW-JERSEY.  227 

*  being   taken,  either  according  to  law  to  put  to  death,        A.  p. 
4  or  keep  and  preserve  alive  at  your  discretion,  and   to 

4  execute  martial  law,  in  time  of  invasion,  insurrection 
'  or  war,  and  to  do  and  execute  all  and  every  other 
1  tiling  and  things,  which  to  any  captain  general  and 
4  governor  in  chief  doth  or  ought  of  right  to  belong. 

*  And    we  do   hereby   give    and    grant    unto   you    full 
'  power  and    authority,   by  and    with    the  advice  and 
4  consent  of  our  said  council.,  to  erect,  raise  and  build 
'  in  our  siid  province  of  Nova-CffiSaria,  or  New-Jersey, 
4  such    and    so    many    forts,    platforms,    castles,    cities, 
<  boroughs,    towns,    and    fortifications,  as   you,  by  the 
'advice  aforesaid,  shall  judge  necessary,  and   the  same, 

*  or  any  of  them,  to  fortify  and  furnish  with  ordinance, 
'ammunition,  and  all   sorts  of  arms  fit  and  necessary 
'for    the   security  and   defence  of  our  said  province; 
'and    by  the   ad  vice*  aforesaid,   the   same   or   any   of 
'  them   again   to  demolish  or  dismantle  as  may  be  most 

*  convenient.     And   forasmuch   as   manv   mutinies   and 
'  disorders   may  happen,  by  persons  shipped  and   em- 
'  ployed  at  sea,  during  the  time  of  war;    to   the  end 

*  that   such   may  be  better  governed   and  ordered,  we 
1  do    hereby  give   and    grant  unto  you    the  said    lord 

*  Cnrnbury,    full     power   and    authority,    to   constitute 
'and    appoint   captains,  lieutenants,    masters    of  ships, 
'and    other   commanders   and    officers,    and     to   grant 
'  unto    such    captains,    lieutenants,    masters    of    ships, 
t  and    other     commanders     and     officers,    commissions, 
'  m  execute  the  law  martial   during  the  time  of   war, 
'  and    to   use    such     proceedings,    authorities,    correct  i- 

*  <MIS,    executions,     upon    any    offender     or    offenders 
'  who     shall     be    mutinous,     seditious,     disorderly,    or 
'any   \\ay>  unruly  at  sea,  or  during  the  time  of* their 
'abode  or  residence  in  any  of  the   ports,  harbours,  or 
'  ([\\-A\<  «.f  our  said  province,  as  the  cause  shall  be  found 
c  to  require,  according  to  martial    law,  during  the  time 
rof   \\ar   a-  aforesaid.     Provided,  that  nothing   herein 
'contained,   shall    be    construed  .to    the    enabling  you, 
'  or  any  by  your  authority,  to  hold  plea  or  have  any 

*  jurisdiction 


228  THE    HISTORY 

1702*  ' jurisdiction  of  any  offence,  cause,  matter  or  thing 
'committed  or  done  upon  the  high  sea,  or  within 
'  any  of  the  harbours,  rivers  or  creeks  of  our  said  pro- 
'  vince  under  your  government,  by  any  captain,  com- 
'  mander,  lieutenant,  master,  officer,  seaman,  soldier, 
'  or  other  person  whatsoever,  who  shall  be  in  actual 
( service  and  pay,  in  or  aboard  any  of  our  ships  of 
'  war,  or  the  vessels  acting  by  immediate  commission 
'  or  warrant  from  our  high  admiral  of  England,  under 
'the  seal  of  our  admiralty,  or -from  the  commissioners 
1  for  executing  the  office  of  our  high  admiral  of  Eng- 
'  land  for  the  time  being ;  but  that  such  captain,  com- 
'  mander,  lieutenant,  master,  officers,  seaman,  soldiers, 
'  and  other  persons  offending,  shall  be  left  to  be  pro- 
( ceeded  against  as  the  merit  of  their  offences  shall 
'  require,  either  by  commission  under  our  great  seal  of 
(  England,  as  the  statute  of  the  twenty-eighth  of  king 
'  Henry  the  eighth  directs,  or  by  commission  from  our 
t  high  admiral  of  England,  or  from  our  commissioners 
'  for  executing  the  office  of  our  high  admiral  of 
e  England,  for  the  time  being,  according  to  the  act  of 
'  parliament  passed  in  the  thirteenth  year  of  king  Charles 

*  the   second,  entitled,  An  act  for  establishing  articles 
i  and  orders,  for  the  regulating  and  better  government  of 
'  his  majesty's  navy,  ships  of  war,  and  forces  by  sea, 
'  and  not  otherwise.     PROVIDED  NEVERTHELESS,  that 
6  all  disorders  and    misdemeanors  committed  on  shore 

*  by  any  captain,  commander,  lieutenant,  master,  offi- 
'  cer,   seaman,   soldier,    or    any   other   person    whatso- 
1  ever,  belonging  to  any  of  our  ships  of  war,  or  other 
'  vessels  acting  by   immediate  commission,  or  warrant 
'  from  our  high  admiral  of  England,  under  the  seal  of 
'  our  admiralty,  or  from  our  commissioners  for  execut- 
'  ing  the  office  of  high  admiral  of  England,  for  the  time 
'  being,  may  be  tried  and  punished  according  to  the  laws 
'  and  place  where  any  such  disorders,  offences  and  mis- 
'  demeanors,  shall    be    committed    on    shore,   notwith- 
'  standing  such  offender  be  in  our  actual  service  and  in 
'  our  pay  on  board  any  such  our  ships  of  war  or  other 
'  vessels,  acting  by  immediate  commission   or  warrant 

'  from 


O  F    N  E  W  -  J  E  R  S  E  Y .  229 

*  from  our  high  admiral,  or  from    our   commissioners        A.  D. 

*  for  executing  the  office  of  high  admiral  for  the  time         1702. 

*  being  as  aforesaid,  so  as  he  shall  riot  receive  any  pro- 
•'  teetiou   for  the  delaying  of  justice,   for  such  offences 
'committed   on   shore,  from  any  pretence  of  his  being 
'  employed  in  our  service  at  sea.      Our  will   and  plea- 
t  sure  is,  that  all  publick  money  raised,  or  that  shall  be 
1  rai-ed,  by  any  act  hereafter  to  be  made  within  our  said 
'  province,  and  issued  out  by  warrant  from  you,  by  and 
'  with  the  advice  and  consent  of  our  council,  and  dis- 
'  poM-d  of  by  you  for  the  support  of  the   government, 
•*  and  otherwise  ;    we  do  hereby  give  you  the   said    lord 
'  Cornbury,  full  po\ver  and  authority,  to  order  and  ap- 
'  ])oint  fairs,  marts,  and   markets,   as  also  such   and  so 

*  many  ports,  harbours,. quays,  havens,  and  other  places 

*  lor  the  eonvenieney  jind  security  of  shipping,  and  for 

*  the  loading  and  unloading  of  goods  and  merchandize, 
•*  as  by  you,  with   the  advice  and  consent  of  our  said 
4  council,  shall   be  thought  fit  and  necessary.     And  we 
'do  hereby  require  and  command  of  all  officers  and  magi- 
•*  st  rates,  civil  and  military,  and  all  other  the  inhabitants 

*  of  <nir  said  province,  to  be  obedient,  aiding  and  assist- 
'  ing  unto  you  the  said  lord  Cornbury,  in  the  execution 
4  of   this    our    commission,    and     of    the    powers    and 
'  authorities  herein  contained  ;  and  in  case  of  your  death 
<  or  absence  out  of  oar  said  province,  to  be  obedient, 

*  aiding  and  assisting  to  such  person  as  shall  be  appointed 
4  by  us.  to  be  our  lieutenant  governor  or  commander 
4  in  chief  of  the  said   province,  to  whom  we  do  there- 
'  fore  by  these  presents,  give  and  grant  all  and  singu- 
lar the  privileges  and  authorities  aforesaid,  to  be  by 
'  him  executed  and  enjoyed  during  our  pleasure,  or  until 
'your  arrival  within  our  said  province:    And  if  upon 
\vour  death  or  absemv  out  of  our  said  province,  there 
'be  no   person   upon   the   place   commissionated   or  ap- 
4  pointed  by  us  to  be  our  lieutenant  governor,  or  com- 
•'  mander  in  chief  of  the  said   province;    our  will  and 
1  pleasure  is,  that  the  then   promt  council  of  our  said 
1  province,  dn  take  upon  them  the  administration  of  the 

-•  •mment,    and  execute    this   commission,   and    the 

'  several 


230 


A._  p.  <  several  powers  and  authorities  herein  contained,  and 
•  'that  such  councellor  who  shall  be  at  the  time  of  your 
'  death  or  absence,  residing  within  our  said  province, 
'and  nominated  by  our  instructions  to  you,  before  any 
'  other  at  that  time  residing  there,  do  preside  in  our  said 
'council,  with  such  privileges  and  'preheminences  as  may 
'  be  necessary  in  those  circumstances,  for  the  due  and 
'  orderly  carrying  on  the  publick  service  in  the  admi- 
'  nistration  of  the  government  as  aforesaid,  until  our 
'  pleasure  be  further  known,  or  until  your  return. 
'  LASTLY,  we  do  hereby  declare,  ordain  and  appoint, 
'  that  you  the  said  lord  Cornbury,  shall  and  may  hold,. 
'execute  and  enjoy  the  office  and  place  of  captain 
'general  and  governor  in  chief,  in  and  over  our  pro- 
'  vince  of  Nova-Giesaria,  or  New-Jersey,  together 
'  with  all  and  singular  the  powers  and  authorities  hereby 
'granted  unto  you,  for  and  during  our  will  and  plea- 
'  sure,  from  and  after  the  publication  of  this  our  com- 
'  mission.  In  witness  whereof  we  have  caused  these 
'  our  letters  to  be  made  patents  :  Witness  ourself  at 
'  Westminster,  the  fifth  day  of  December,  in  the  first 
'  year  of  our  reign. 


CHAP.     XIII. 

Instructions  from  Queen  Anne  to  Lord  Cornbury. 

'INSTRUCTIONS  for  our  right  trusty  and  well  beloved 
'  Edward  lord  Cornbury,  our  captain  general  and 
'governor  in  chief,  in  and  over  our  province  of 
'  Nova-Csesaria,  or  New- Jersey,  in  America.  Given. 
'  at  our  court  at  St.  James's,  the  sixteenth  day  of 
'  November,  1702,  in  the  first  year  of  our  reign. 

Lord  Corn     '1  T  ^K  TI T  H  these  our  instructions  you  will  receive 

bury'*  in-  y   y       our  commission  under  our  great  seal  of 

Btructions.        ,  _      ,       ,  .  .  i       j 

'  England,  constituting  you  our  captain  general  and  go- 

'  vernor  in  chief  of  our  province  of  New-Jersey. 

'  2.  You 


O  F    N  E  W  -  J  E  R  S  E  Y  .  231 

'  2.  You  are  with  all  convenient  speed  to  repair  to        A.  I), 
'our  said  province,  and   being  there  arrived,  you  are        1 
1  to  take  upon  you  the  execution  of  the  place  and  trust 
'we  have  reposed  in  you,  and  forthwith  to  call  together 
4  the  following  persons,  whom  we  do  by  these  presents 
'  appoint   and    constitute    members    of  our   council    in 

*  and   for  that  province,  viz.  Edward  Hunloke,  Lewis 
'  Morris,    Andrew    Bowne,    Samuel    Jenings,    Thomas 
'  Revell,    Francis  Davenport,  William    Pinhorne,    Sa- 
4  muel     Leonard,    George     Deacon,    Samuel    Walker, 
'I>;miel      Leeds,      William     Sandford,     and     Robert 
'  (Quarry/-   esquires. 

3.  And  you  are  with  all  (hie  solemnity,  to  cause 
'  our  said  commission  under  our  great  seal  of  England, 
'constituting  you  our  captain  general  and  governor 

*  in  chief  as   aforesaid,  to   be   read  and    published   at 
'  the  said   meeting  of  our  council,  and   to  cause  pro- 

*  clamation    to   be   made   in  the  several    most  publick 
1  places  of  our  said  province,  of  your  being  constituted 
4  by  us  (Mir  captain  general   and  governor  in  chief  as 
4  aforesaid. 

*  4.  Which  being  done,  you  shall  yourself  take,  and 
1  also  administer  to  each  of  the  members  of  our  sakj 
4  council  so  appointed  by  us,  the  oaths  appointed  by  act 
'  of  parliament  to  be  taken  instead  of  the  oaths  of  alle- 
4  Bianco  and  supremacy,  and  the  oath  mentioned  in 
4  an  act,  entitled,  An  act  to  declare  the  alteration  in  the 
4  <Kith  appointed  to  be  taken  by  the  act,  entitled,  An  act 
'  for  the  further  security  of  his  majesty's  person,  and  the 
4  tuooewum  of  the  crown  in  the  protestant  line,  and  for 
1  extinguishing  the  hopes  of  the  pretended  prince  of 
1  II  W/rx,  anil  oil  otln  r  pretenders,  and  their  open  and  secret 
1  nlH-ftnrtt,  and  for  declaring  the  association  to  be  deter- 
4  inin«l ;  as  also  the  test  mentioned  in  an  act  of  par- 

1  liament 


t.  Quarry  was  said  to  be  of  the  council  for  five  governments  at 
on.-  tun.-,  vi/.  New- York,  New-.Jersev,  IVnnsvlvania,  Maryland, 
and  Virginia  :  he  died  about  the  year*1712.  Beverly  in  his  history 
of  Virginia,  p.  92,  9f>,  97,  represents  him  as  joining  with  Nichol- 
son, the  then  governor  of  that  colony,  in  unfavourable  repreaen- 
tations  again.-t  the  colonies. 


232  THE    HISTORY 

A.  D.  <  1  lament  made  in  the  twenty  fifth  year  of  the  reign  of 
1702.  t  kjng  Charles  the  second,  entitled,  An  act  for  pre- 
'  venting  dangers  which  may  happen  from  popish  recu- 
'  sants  ;  together  with  an  oath  for  the  due  execution  of 
'your  and  their  places  and  trusts,  as  well  with  regard 
'  to  the  equal  and  impartial  administration  of  justice 
'  in  all  causes  that  shall  come  before  you,  as  otherwise, 
'and  likewise  the  oath  required  to  be  taken  by  gover- 
'  nors  of  plantations,  to  do  their  utmost,  that  the  laws 
'  relating  to  the  plantations  be  observed. 

'  5.  You  are  forthwith  to  communicate  unto  our  said 
'council,  such  and  so  many  of  these  our  instructions, 
'  wherein  their  advice  and  consent  are  mentioned  to  be 
'  requisite,  as  likewise  all  such  others  from  time  to 
'  time,  as  you  shall  find  convenient  for  our  service  to 
'  be  imparted  to  them. 

*  6.  And  whereas  the  inhabitants  of  our  said  pro- 
'  vince  have  of  late  years  been  unhappily  divided,  and 
'  by  their  enmity  to  each  other,  our  service  and  their 
'  own  welfare  has  been  very  much  obstructed ;  you  are 
'therefore  in  the  execution  of  our  commission,  to 
'  avoid  the  engaging  yourself  in  the  parties  which  have 
'  been  form'd  amongst  them,  and  to  use  such  impartia- 
'  lity  and  moderation  to  all,  as  may  best  conduce  to  our 
'  service,  and  the  good  of  the  colony. 

'  7.  You  are  to  permit  the  members  of  our  said 
'  council,  to  have  and  enjoy  freedom  of  debate  and 
'  vote,  in  all  affairs  of  publick  concern,  that  may  be 
'  debated  in  council. 

'  8.  And  altho'  by  our  commission  aforesaid,  we 
'  have  thought  fit  to  direct  that  any  three  of  our  coun- 
'cellors  make  a  quorum,  it  is  nevertheless  our  will 
'  and  pleasure,  that  you  do  not  act  with  a  quorum  of 
'  less  than  five  members,  except  in  case  of  necessity. 

'  9.  And  that  we  may  be  always  informed  of  the 
'  names  and  characters  of  persons  fit  to  supply  the  va- 
'  cancies  which  shall  happen  in  our  said  council,  you 
'  are  to  transmit  unto  us,  by  one  of  our  principal  secre- 
'  tary's  of  state,  and  to  our  commissioners  for  trade  and 
'  plantations,  with  all  convenient  speed,  the  names  and 

'  characters 


OF     NEW-JERSEY.  233 

'  characters  of  six  persons,  inhabitants  of  the  eastern        A-  D- 

'division,    and    six   other   persons    inhabitants   of   the 

4  western  division  of  our  said  province,  whom  you  shall 

'  e.-teem  the  be>t  (jiialified  for  that  trust;  and  so  from 

4  time  to  time  when  any  of  them  shall  die,  depart  out 

(  of  our  said   province,  or  become  otherwise  unlit,  you 

'  are   to   nominate   unto   us  so   many  other  persons  in 

*  their  stead,  that  the  list  of  twelve  persons  fit  to  supply 
'  the  said  vacancies,  viz.  six  out  of  the  east,  and  six  out 

*  of  the   west   division,  as   aforesaid,    may    be   always 

*  co  in  pi  eat. 

'10.  You  are  from  time  to  time  to  send  to  us  as 
'  aforesaid,  and  to  our  commissioners  for  trade  and 

*  plantations,  the  names  and  qualities  of  any  members 
'  bv  you  put  into  our  said  council,  by  the  first  conve- 

*  niency  after  your  so  doing. 

'11.  And  in  the  choice  and  nomination  of  the 
'  members  of  our  said  council,  as  also  of  the  principal 
1  oflieers,  judges,  assistants,  justices  and  sheriffs,  you 
4  are  always  to  take  care  that  they  be  men  of  good 
4  life,  and  well  affected  to  our  government,  of  good 
'  <  -tales  and  abilities,  and  not  necessitous  people  or 
'  much  in  debt. 

'  12.  You  are  neither  to  augment  nor  diminish  the 
'  number  of  our  said  council,  as  it  is  hereby  established, 

*  nor  to  suspend  any  of  the  present  members  thereof 
4  without  good   and  sufficient  cause:    And   in  case  of 

*  suspension  of  any  of  them,  you  are   to  cause   your 
4  iv.-i.-ons   for  so  doing,  together  with  the  charges  and 

*  proofs    against   the   said    persons,    and    their  answers 

*  thereunto  (unless  you  have  some  extraordinary  reason 

*  to  the  contrary)  to  be  duly  entered  upon  the  council 
4  luniks;  and  you  are  forthwith  to  transmit  the  same, 
4  together    with    your    reasons    for    not   entering   them 

*  upon    the   council    books,  (in   case  you   do   not  enter 
'  them)  unto  us  and  to  our  commissioners  for  trade  and 
'  plantations  as  aforesaid. 

'  l.'J.  Yon  are  to  signify  our  pleasure  unto  the  mem- 
'  bers  of  our  said  council,  that  if  any  of  them  shall  at 
1  any  time  hereafter  absent  themselves,  and  continue 

'  absent 


234  THE    HISTORY 

A.  p.       *  absent  above  the  space  of  two  months  together  from 

1702.        <  Qur  g^  provjnce  without  leave  from  you,  or  from  our 

'  governor  or  commander  in  chief  of  our  said  province, 

'for  the  time  being,   first  obtained;    or  shall  remain 

'  absent  for  the  space  of  two  years,  or  the  greater  part 

*  thereof  successively,   without   our   leave   given   them 
'  under  our  royal  sign  manual ;  their  place  or  places  in 
'  our  said  council,  shall  immediately  thereupon  become 

*  void,  and   that  we  will   forthwith  appoint  others  in 

*  their  stead. 

'  14.  And  in  order  to  the  better  consolidating  and 
'  incorporating  the  two  divisions  of  East  and  West 
'  New-Jersey,  into  and  under  one  government,  our  will 
'  and  pleasure  is,  that  with  all  convenient  speed,  you  call 
'  together  one  general  assembly  for  the  enacting  of  laws 
f  for  the  joint  and  mutual  good  of  the  whole ;  and  that 

*  the  said  general  assembly  do  sit  in  the  first  place  at 
'  Perth-Am  boy,  in    East  .New-Jersey,  and   afterwards 
'  the  same,  or  other  the  next  general  assembly,  at  Bur- 
'  lington,    in    West   New-Jersey ;  and   that   all    future 
'  general  assemblies  do  set  at  one  or  the  other  of  those 
'  places  alternately,  or  (in  cases  of  extraordinary  neces- 
'  sity)  according  as  you  with  the  advice  of  our  foresaid 

*  council,  shall  think  to  appoint  them. 

'  15.  And  our  further  will  and  pleasure  is,  that  the 
'  general  assembly  so  to  be  called,  do  consist  of  four  and 
'  twenty  representatives,  who  are  to  be  chosen  in  the 
'  manner  following,  viz.  two  by  the  inhabitants  house- 
'  holders  of  the  city  or  town  of  Perth-Amboy,  in  East 
'  New-Jersey ;  two  by  the  inhabitants  householders  of 
1  the  city  and  town  of  Burlington  in  West  New-Jersey ; 
'  ten  by  the  freeholders  of  East  New-Jersey,  and  ten 
'  by  the  freeholders  of  West  New-Jersey ;  and  that  no 
'  person  shall  be  capable  of  being  elected  a  representa- 
'  tive  by  the  freeholders  of  either  division,  or  after- 
'  wards  of  sitting  in  general  assemblies,  who  shall  not 
'  have  one  thousand  acres  of  land,  of  an  estate  of 
'  freehold,  in  his  own  right,  within  the  division  for 
'  which  he  shall  be  chosen  ;  and  that  no  freeholder  shall 

*  be  capable  of  voting  in  the  election  of  such  represen- 

'  tative 


16.  You 


u.  This  clause  was  soon  altered  as  follows: 

'  AxsER. 
'Additional  instructions  to  our  right  trusty  and  well  beloved  Edward 

'lord  Cornbury,  our  captain  general  and  governor  in  chief,  in 

'and   over  our  province   of  Nova-Csesaria,   or   New-Jersey,   in 

'America:  Given  at  our  court  of  St.  James's,  the  third  of  May 

1 1705,  in  the  fourth  year  of  our  reign. 

'  WHEREAS  by  a  clause  tn  our  general  instructions  to  you,  for 
'the  government  of  our  province  of  New-Jersey,  the  representa- 
'  tives  for  the  general  assembly  of  that  province  are  appointed  to 
'be  chosen  as  follows,  viz.  two  by  the  inhabitants  house  holders 
'of  the  city  or  town  of  Perth-Amboy,  in  East  New-Jersey ;  two 
'  by  the  inhabitants  house  holders  of  the  city  and  town  of  Burlington, 
'in  West  New-Jersey;  ten  by  the  freeholders  of  East  New-Jersey, 
'and  ten  by  the  freeholders  of  West  New-Jersey:  And  it  having 
'been  represented  to  us  by  you  our  governor,  that  several  inconveni- 
'  encies  have  arisen  from  the  aforesaid  manner  of  chusing  representa- 
'  tives;  it  is  our  will  and  pleasure,  and  you  are  accordingly  to  make 
'the  same  known  in  the  most  publick  manner,  that  the  method  for 
'chusing  representatives  for  'th«  future  be  as  follows,  viz.  two  by 
'the  inhabitants  house  holders  of  the  city  or  town  of  Perth-Amboy, 
'in  Ka*t  New-Jersey,  and  two  by  the  freeholders  of  each  ot  the 
'five  counties  of  the 'said  division  of  East  New- Jersey  ;  two  by  the 
'inhabitants  housholders  for  the  city  or  town  of  Burlington,  in 
'  \\Y-t  New-Jersey  ;  two  by  the  inhabitants  householders  of  the  town 
'of  Salem,  in  the  said  division,  and  two  by  the  freeholders  of  each 
'of  the  four  counties  in  the  said  division  of  West  New-Jersey ; 
'which  persons  so  to  be  chosen  make  up  together  the  number  of 
'twenty  four  representatives,  as  limited  by  our  former  instructions. 

'Anil  it  is  our  further  will  and  pleasure,  that  no  person  shall  be 
'capable  of  being  elected  a  representative  by  the  freeholders  of 
'either  division  as  aforesaid,  or  afterwards  of  sitting  in  general 
'assemblies  who  shall  not  have  one  thousand  acres  of  land  of  an 
' » -tate.  of  freehold  in  his  own  right,  within  the  division  for  which 
'he  shall  l»e  chosen,  or  personal  estate  in  money,  goods  or  chattels, 
'  to  th»-  value  of  live  hundred  pounds  sterling;  and  all  inhabitants 
'of  our  said  province  being  so  qualified  as  aforesaid,  are  hereby  de- 
'clared  capable  of  being  elected  accordingly  :  And  it  is  likewise  our 

'  pleasure 


OF    NEW-JERSEY.  235 

'  tative,  who  shall  not  have  one  hundred  acres  of  land        A^D. 
'of  an  estate  of  freehold  in  his  own  right,  within  the 
'division  for  which   he  shall  so  vote:    And  that  this 
'  number  of  representatives   shall    not  be  enlarged  or 
'  diminished,  or  the  manner  of  electing  them  altered, 

*  otherwise  than  by  and  act  or  acts  of  the  general  assem- 
'  bly   there,   and    confirmed   by  the  approbation  of  us, 

*  our  heirs  and  successors.'*- 


236  THEHISTORY 

A.  D.  '  1.6.  You  are  with  all  convenient  speed  to  cause  a 

1702.  'collection  to  be  made  of  all  the  laws,  orders,  rules, 
4  or  such  as  have  hitherto  served  or  been  reputed  as  laws 
4  amongst  the  inhabitants  of  our  said  province  of  Nova- 
4  Caesaria,  or  New-Jersey,  and,  together  with  our  afore- 
4  sard  council  and  assembly,  you  are  to  revise,  correct, 
'  and  amend  the  same,  as  may  be  necessary  ;  and  accord- 
( ingly  to  enact  such  and  so  many  of  them,  as  by  you 
'  with  the  advice  of  our  said  council  and  assembly,  shall 
'  be  judged  proper  and  conducive  to  our  service,  and 
4  the  welfare  of  our  said  province,  that  they  may  be 
i  transmitted  unto  us,  in  authentic  form,  for  our  appro- 
4  bation  or  disallowance. 

1  17.  You  are  to  observe  in  the  passing  of  the  said 
i  laws,  and  of  all  other  laws,  that  the  stile  enacting  the 
4  same,  be  by  the  governor,  council  and  assembly,  and 
'  no  other. 

'  18.  You  are  also  as  much  as  possible  to  observe,  in 

*  the  passing  of  all  laws,  that  whatever  may  be  requisite 

'  upon 

'pleasure,  that  no  freeholder  shall  be  capable  of  voting  in  the 
'election  of  such  represent alives,  who  shall  not  have  one  hundred 
'acres  of  land  of  an  estate  of  freehold  in  his  own  right,  within 
'the  county  for  which  he  shall  so  vote,  or  a  personal  estate  in 
'money,  goods  or  chattels,  to  the  value  of  fifty  pounds  sterling; 
'and  all  freeholders  in  our  said  province  being  so  qualified  as  afore- 
'said,  are  hereby  declared  capable  of  voting  in  the  election  of 

*  representatives;    which    number  of  representatives   shall   not  be 
'enlarged  or  diminished,  or  the  manner  of  electing  them  thereby 
'directed,  altered  there,  otherwise  than  by  an  act  or  acts  of  the 
'general  assembly,  to  be  confirmed  by  the  approbation  of  us,  our 
'heirs  and  successors.     And  whereas  it  may  be  inconvenient,  that 
'the  governor  and  lieutenant  governor  of  our  said  province  of  New- 
'  Jersey,  for  both  of  them  to  be  absent  from   thence  at  the  same 
'time;  it  is  our  will  and  pleasure,  that  as  soon  as  the  general  assem- 
'ble  of  our  said   province  shall  have  provided  a  house,  and  our 
'lieutenant  governor  with   a  convenient  room  for  the  meeting  of 
'our  council,  and  settled  convenient  salaries,  which  you  are  in  our 
'name  to  press  them    to   do,    that   either   you    or.  our    lieutenant 
'governor,  do  constantly  reside  in  our  said  province,  and  that  you 
'be  not  both  absent  at  the  same  time:  It  is  likewise  our  will  and 
'pleasure,  that  no  fees  be  exacted  or  taken  by  any  of  the  officers 
'under  you,  for   the   grants   of  lands  made  by  the  agents  ol   the 
'proprietors;  arid  the  said  agents  are  to  deliver  to  you   in  council, 
4  duplicates  of  all  such  grants  to  be  registered  in  our  council  books. 


O  F    N  E  W  -  J  E  R  S  E  Y  .  23T 


*  upon  each  different  matter,  be  accordingly  provided        A:  D. 
'  for  by  a  different    law,  without   intermixing    in    one         1702. 
4  and  the  same  aet,  such  things  as  have  no  proper  rela- 

'  tion  to  each  otlier ;  and  you  are  especially  to  take  eare 
4  that  no  clause  or  clauses  be  inserted  in,  or  annexed  to 
'  any  act,  which  shall  be  foreign  to  what  the  title  of 
'such  respective  act  imports. 

'  19.  You  are  to  transmit  authentic  copies  of  the 
'fore-mentioned  laws  that  shall  be  enacted,  and  of  all 
4  laws,  statutes,  and  ordinances,  which  shall  at  any  time 
'  hen  after  be  made  or  enacted  within  our  said  province, 
4  each  of  them  separately,  under  the  publick  seal, 
'  unto  us,  and  to  our  said  commissioners  for  trade  and 
'  plantations,  within  three  months  or  by  the  first  oppor- 

*  tunity  after  their  being  enacted,  together  with  dupli- 
'  cates  thereof  by  the  next  conveyance,  upon  pain  of 
'our  high    displeasure*  and   of  the  forfeiture  of  that 
1  year's  salary,  wherein  you  shall  at  any  time,  or  upon 
4  anv   pretence    whatsoever,  omit  to  send   over  the  said 
1  laws,  statutes  and  ordinances  as  aforesaid,  within  the 
'  time  above  limited,  as  also  of  such  other  penalty  as 
1  we  shall  please  to  inflict.     But  if  it  shall  happen,  that 
'during  time  of  war,  no  shipping  shall  come  from  our 
4  said   province,  or  other  our  adjacent  or  neighbouring 
4  plantations,    within    three   months   after    the   making 
4  such  laws,  statutes,  and  ordinances,  whereby  the  same 
4  may  be  transmitted  as  aforesaid,  then  the  said  laws, 
4  statutes   and    ordinances  are  to  be  so   transmitted    as 
'aforesaid,   by  the    next  conveyance  after  the  making 
'  thereof  whenever  it  may  happen,  for  our  approbation 
'or  disallowance  of  the  same. 

'  20.  You  are  to  take  care,  that  in  all  acts  or  orders 
4  to  he  passed  within  that  our  province  in  any  case  for 
4  levying  money  or  imposing  fines  and  penalties,  ex- 
"  piv.-s  mention  be  made  that  the  same  is  granted  or 
'  iv-crvcd  to  us,  our  heirs  or  successors,  for  the  publick 

*  uses    of  that   our    province,   and   the  suppcrt  of  the- 
4  government  thereof,  as  by  the  said  act  or  orders  shall 

*  be  directed. 

<21.  And 


'238  T  H  E    H  I  S  T  O  R  Y 

A-  IX  <  21.  And  we  do  particularly  require  and  command, 

'  that  no  money,  or  value  of  money  whatsoever,  be 
'  given  or  granted  by  any  act  or  order  of  assembly,  to 
'  any  governor,  lieutenant  governor,  or  commander 
'  in  chief  of  our  said  province,  which  shall  not  accord- 

*  ing  to  the  stile  of  acts  of  parliament  in  England,  be 
'  mentioned  to  be  given  and  granted  unto  us,  with  the 
'  humble  desire   of  such   assembly,  that  the  same   be 
'  applied  to  the  use  and  behoof  of  such  governor,  lieu- 
'  tenant  governor,  or  commander  in  chief,  if  we  shall 
'  so  think  fit ;  or  if  we  shall  not  approve  of  such  gift  or 
1  application,  that  the  said   money  or  value  of  money, 
'  be  then  disposed  of  and  appropriated  to  such  other 
'uses  as  in  the  said  'act  or  order  shall  be  mentioned  ;  and 
<  that  from  the  time  the  same  shall  be  raised,  it  remain 
'  in  the  hands  of  the  receiver  of  our  said  province  until 
(  our  royal  pleasure  shall  be  known  therein. 

1  22.  You  shall  also  propose  with  the  said  general 
(  assembly,  and  use  your  utmost  endeavours  with  them, 
'  that  an  act  be  passed  for  raising  and  settling  a  publick 
'  revenue  for  defraying  the  necessary  charge  of 'the 
'  government  of  our  said  province,  in  which  provision 
'  be  particularly  made  for  a  competent  salary  to  your- 
'  self,  as  captain  general  and  governor  in  chief  of  our 
'  said  province,  and  to  other  our  succeeding  captain 
'  generals,  for  supporting  the  dignity  of  the  said  office, 
'  as  likewise  due  provision  for  the  salaries  of  the  respec- 
'  tive  members  of  our  council  and  assembly,  and  of 
'  all  other  officers  necessary  for  the  administration  of 
'  that  government. 

'  23.  Whereas  it  is  not  reasonable  that  any  of  our 
'  colonies  or  plantations  should  by  virtue  of  any  exemp- 
f  tions  or  other  privileges  whatsoever,  be  allowed  to 

*  seek  and  pursue  their  own  particular  advantages,  by 
'  methods    tending    to    undermine    and    prejudice    our 
'  other  colonies  and  plantations,  which  have  equal  title 
'  to  our  royal  care  ;    and  whereas  the  trade  and  welfare 
4  of   our    province    of   New- York,    would    be   greatly 
•'  prejudiced,  if   not  entirely  ruined,  by  allowing    unto 
4  the    inhabitants    of    Nova-Csesaria,    or   New-Jersey, 

'any 


OF    NEW-JEftSEY.  239 

'any  exemption  from  those  charges,  which  the  inha-  ^'/P* 
Mutants  of  New- York  are  liable  to;  you  are  therefore 
'  in  the  settling  of  a  public  revenue  as  before  directed, 
M<>  propose  to  the  assembly,  that  such  customs,  duties 
'and  other  impositions  be  laid  upon  all  commodities 
'imported  or  exported  in  or  out  of  our  said  province 
'  of  \ova-(  1:esaria,  or  New  Jersey,  as  may  equal  the 
< charge  that  is  or  shall  be  laid  upon  the  like  commo- 
•Slities  in  our  province  of  New- York. 

'  24.  And  whereas  we  are  willing  in  the  best  manner 

*  to  provide  for  the  support  of  the  government  of  our 
'said   province,  by  setting  apart  sufficient  allowances  to 
'such  as  shall  be  our  governor  or  commander  in  chief, 
'  residing  for  the  time  being  within  the  same;  our  will 
'and   plra-mv   therefore  is,  that  when  it  shall  happen, 
'  that  you  shall  be  absent  from  the  territories  of  Ne\v- 
;. Jersey  and  New- York,  of  which   we  have  appointed 
'you  governor,  one  full  moiety  of  the  salary  and  of  all 
'  perquisites  and  emoluments  whatsoever,  which  would 
'otherwise   become   due    unto   you,    shall,   during   the 
'time  of  your  absence  from  the  said  territories,  be  paid 
'and    satistied    unto   such  governor  or  commander   in 
4  chief  who   shall    be   resident  upon  the    place  for  the 
•time  being,  which  we  do  hereby  order  and  allot  unto 
•him  towards  his  maintenance,  and  for  the  better  sup- 

*  port  of  the  dignity  of  that  our  government. 

•  '2't.  \Vherea>  great  prejudice  may  happen  to  our 
'-••rviee  and  the  security  of  our  said  province  under 
"your  government  by  your  absence  from  those  parts, 
'without  a  sufficient  cause  and -especial  leave  from  us; 
'for  prevention  thereof,  you  are  not  upon  any  pretence 
'  whatsoever,  to  come  to  Europe  from  your  govern- 
'  meiit,  without  first  having  obtained  'leave  for  so 
•doing,  under  our  signet  and  sign  manual,  or  by  our 
'  order  in  our  privv  council. 

'  -Mi.  You  are  not  to  permit  any  clause  whatsoever  to 
4  he  inserted  in  any  law  for  the  levying  money,  or  the 
'value  of  money,  whereby  the  same  shall  not' be  made 
'liable  to  be  accounted  for  unto  us  here  in  England, 
'and  to  our  high  treasurer,  or  to  our  commissioners  of 
'our  tr-uMiry  lor  the  time  being.  '27.  You 


240  THE    HISTORY 

A.  D.  <  27.  You  are  to  take  care  that  fair  books  of  accounts 

'  'of  all  receipts  and  payments  of  all  such  money  be 
'  duly  kept,  and  the  truth  thereof  attested  upon  oath, 
'and  that  the  said  books  be  transmitted  every  half  year 
'  or  oftner,  to  our  high  treasurer,  or  to  our  commis- 
'  sioners  of  our  treasury  for  the  time  being,  and  to  our 
'  commissioners  for  trade  and  plantations,  and  duplicates 
'  thereof  by  the  next  conveyance ;  in  which  books  shall 
'  be  specified  every  particular  sum  raised  or  disposed  of, 
'  together  with  the  names  of  the  persons  to  whom  any 
(  payment  shall  be  made,  to  the  end  we  may  be  satis- 
1  fied  of  the  right  and  due  application  of  the  revenue  of 
'  our  said  province. 

'  28.  You  are  not  to  suffer  any  pub-lick  money  what- 
'  soever,  to  be  issued  or  disposed  of  otherwise  than  by 
'  warrant  under  your  hand,  by  and  with  the  advice 
1  and  consent  of  our  said  council ;  but  the  assembly 

*  may  be  nevertheless  permitted  from  time  to  time  to 

*  view  and  examine  the  accounts  of  money,   or  value 
'  of   money  disposed   of  by  virtue  of  laws    made   by 
'  them,   which  you  are  to  signify  unto  them  as  there 
'shall  be  occasion. 

'  29.  And  it  is  our  express  will  and  pleasure,  that 
'  no  law  for  raising  any  imposition  of  wines  or  other 
'  strong  liquors,  be  made  to  continue  for  less  than  one 
'  whole  year ;  as  also  that  all  laws  whatsoever  for  the 
'good  government  and  support  of  our  said  province, 
'  be  made  indefinite,  and  without  limitation  of  time, 
'  except  the  same  be  for  a  temporary  end,  which  shall 
'  expire  and  Jiave  its  full  effect  within  a  certain  time. 

'  30.  And  therefore  you  shall  not  re-enact  any  law 
'  which  shall  have  been  once  enacted  there  by  you, 
'  except  upon  very  urgent  occasions,  but  in  no  case 
'  more  than  once  without  our  express  consent. 

'  31.  You  shall  not  permit  any  act  or  order  to  pass 
'  in  our  said  province,  whereby  the  price  or  value  of  the 
'current  coin  within  your  government,  (whether  it  be 
'  foreign  or  belonging  to  our  dominions)  may  be 
'  altered,  without  our  particular  leave  or  direction  for 
'  the  same. 

'32.  And 


OF    NEW-JERSEY.  241 

'32.  And  you  are  particularly  not  to  pass  any  law        A_.  D. 
'  or   do   any   act,   by   grant,    settlement,    or   otherwise, 
'  whereby  our  revenue,  after  it  shall  be  settled,  may  be 
1  lessened  or     impaired,  without  our   especial    leave  or 
1  commands  therein. 

;.  You  shall  not  remit  any  fines  or  forfeitures 
'whatsoever,  above  the  sum  of  ten  pound**,  nor  dis- 
'  pose  of  any  escheats,  fines  or  forfeitures  whatsoever, 

*  until,  upon  signifying  unto  our  high  treasurer,  or  to 
'  our  commissioners  of  pur  treasury  for  the  time  being, 
'and   to  our  commissioners  lor  trade  and    plantations, 
'  the  nature  of   the  offence  and    the    occasion    of  such 
'  fines,    forfeitures,    or    escheats,    with     the     particular 
'  sums  or  value  thereof,  (which  you  are  to  do  with  all 
'  speed)  you  shall    have  received  our  directions  therein  ; 
'  but  you  inav  in  the  mean   time  suspend  the  payment 
'of  the  said  fines  and  forfeitures. 

1  34.  You  are   to  require   the  secretary  of  our  said 

*  province,  or  his  deputy  for  the  time  being,  to  furnish 

'you   with    transcripts  of    all    such   acts  and   publiek  • 

'orders  as  shall   be  made  from   time  to  time,  together 

'  with  a  copy  of  the  journals  of  the  council,  to  the  end 

'  the  same  may  be  transmitted  unto  us,  and  to  our  coin- 

'  missioners  for  trade  and    plantations  as  above  directed, 

'  which   he  is  duly  to  perform,  upon   pain  of  incurring 

1  the  forfeiture  of  his  place. 

'  3;~).  You  arc  also  to  require  from  the  clerk  of  the 
'assembly,  or  other  proper  officer,  transcripts  of  all 
'  the  journals  and  other  proceedings  of  the  said  assem- 
'  bly,  to  the  end  the  same  may  in  like  manner  be  trans- 
'  mitted  as  aforesaid. 

'36.  Our  will  and  pleasure  is,  that  for  the  better 
'quieting  the  minds  of  our  good  subjects,  inhabitants 
'  of  our  said  province,  and  for  settling  the  properties 
'and  pn^-cisinns  of  all  persons  concerned  therein,  either 
^•niTal  proprietors  of  the  soil  under  the  first  origi- 
'  nal  grant  of  the  said  province,  m-ule  by  the  late  king 
'  Charles  the  second,  to  the  late  duke  of  York,  or  as 
'  particular  purchasers  of  any  parcels  of  land  from  the 
'said  general  proprietors,  you  shall  propose  to  the 

Q  '  general 


242  THE    HISTORY 

A.  D.  <  general  assembly  of  our  said  province,  the  passing  of 
'such  act  or  acts,  whereby  the  right  and  property  of 
'  the  said  general  proprietors,  to  the  soil  of  our  said 
'  province,  may  be  confirmed  to  them,  according  to 
'  their  respective  rights  and  title  ;  together  with  all  such 
'  quit-rents  as  have  been  reserved,  or  are  or  shall 
'  become  due  to  the  said  general  proprietors,  from  the 
'  inhabitants  of  our  said  province  ;  and  all  such  privi- 
'  leges  as  are  expressed  in  the  conveyances  made  by  the 
'said  duke  of  York,  excepting  only  the  right  of 
'  government,  which  remains  in  us :  And  you  are 
'  further  to  take  care,  that  by  /the  said  act  or  acts  so  to 
<  be  passed,  the  particular  titles  and  estates  of  all  the 
*  inhabitants  of  that  province,  and  other  purchasers 
'  claiming  under  the  said  general  proprietors,  be  con- 
'  firmed  and  settled  as  of  right  does  appertain,  under 
'  such  obligations  as  shall  tend  to  the  best  and  speediest 
'  improvement  or  cultivation  of  the  same.  PROVIDED 
'  ALWAYS,  that  you  do  not  consent  to  any  act  or  acts, 
'to  lay  any  tax  upon  lands  that  lie  unprofitable. 

'  37.  You  shall  not  permit  any  other  person  or 
'  persons  besides  the  said  general  proprietors,  or  their 
'  agents,  to  purchase  any  land  whatsoever  from  the 
'  Indians  within  the  limits  of  their  grant. 

1  38.  You  are  to  permit  the  surveyors  and  other  persons 
'  appointed  by  the  forementioned  general  proprietors  of 
'  the  soil  of  that  province,  for  surveying  and  recording 
'  the  surveys  of  land  granted  by  and  held  of  them,  to 
'execute  accordingly  their  respective  trusts  :  And  you 
'  are  likewise  to  permit,  and  if  need  be,  aid  and  assist 
'such  other  agent  tor  agents,  as  shall  be  appointed  by 
'  the  said  proprietors  for  that  end,  to  collect  and  receive 
'  the  quit-rents  which  are  or  shall  be  due  unto  them, 
'from  the  particular  possessors  of  any  parcels  or  tracts 
'  of  land  from  time  to  time.  PROVIDED  ALWAYS, 
'  that  such  surveyors,  agents  or  other  officers  appointed 
'  by  the  said  general  proprietors,  do  not  only  take 
'  proper  oaths  for  the  due  execution  and  performance 
'of  their  respective  offices  or  employments,  and  give 
'  good  and  sufficient  security  for  their  so  doing,  but  that 

'  they 


O»    NEW-JERSEY,  243 

•*  they  likewise  take  tlie  oaths  appointed  by  act  of  par-         A.  D. 

'  1  lament  to  he  taken  instead  of  the  oaths  of  allegiance         1702. 

'ami  supreiiiaey,  and  the  oath  mentioned  in  the  afore- 

(  said  art,  entitled,  An  act  to  declare  the  alteration  in  tfie 

1  (Kith  appointed  to  be  taken  by  the  act,  entitled,  An  act 

* for  flu1  further  wvurity  of  his  majesty's  person  and  the 

4  .v///v. -NX/OH,  of  the  crown  in  the  protestant  line,  and  for 

'  extinguishing  the  hopes  of  the  pretended  prince  of  Wales, 

'and  all  other  pretenders,  and   their   open   and   secret 

(  abettors,  and  for  declaring  the  association  to  be  deter- 

'mini'il;  as  also  the  forementioned  test.     And  you  are 

1  more  particularly  to  take  care  that  all  lands  purchased 

4  from  the  said  proprietors,  be  cultivated  and  improved 

M)\-  the  possessors  thereof. 

'  39.  You  shall  transmit  unto  us,  and  to  our  com- 
'  missioners  tor  trade  and  plantations,  by  the  first  oppor- 
•*  tunity,  a  map  with  the  exact  description  of  our  whole 
'  territory  under  your  government,  and  of  the  several 
1  plantations  that  are  upon  it. 

'  40.  You  are  likewise  to  send  a  list  of  officers 
'employed  under  your  government,  together  with  all 
4  puMick  charges. 

'  41.  You  shall  not  displace  any  of  the  judges, 
"justices,  sheriffs,  or  other  officers  or  ministers  within 

*  our  said  province,  without  good  and  sufficient  cause  to 

*  he  signified  unto  us,  and  to  our  said  commissioners  for 
4  trade  and  plantations;  and  to  prevent  arbitrary  remo- 
4  val  ef  judges  and  justices  of  the  peace,  you  shall  not 
'express   any    limitation    of  time    in   the  commissions 

*  which  you  are  to  grant,  with  the  advice  and  consent 
'of  the  council  of  our  said  province,  to  persons  fit  for 
4tho<c    employments,   nor  shall   you   execute  yourself, 
4  or  by  deputy,  any  of  the  said  offices,  nor  suffer  any 

*  persons  to  execute  more  offices  than  one  by  deputy. 

\'l.    Whereas    we    are    given    to    understand,    that 

1  there    ar.-    several    ottins    within    our    said     province 

ited  under  the  "Teat  seal  of  England,  and  that  our 

'ice  may  In-  very  much  prejudiced  by  reason  of  the 

'absence    of   the    patentees,    and    by    their    appointing 

'deputies  not  tit  to  officiate  in   their  stead;    you  are 

'  therefore 


244  THE    HISTORY 

A.  D.  <  therefore  to  inspect  the  said  offices,  and  to  inquire  into 
•  f  the  capacity  and  behaviour  of  the  persons  now  exer- 
'cising  them,  and  to  report  thereupon  to  us,  and  to 
'  our  commissioners,  for  trade  and  plantations,  what 
'you  think  n't  to  be  done  or  altered  in  relation  there- 
*  unto ;  and  you  are  upon  the  misbehaviour  of  any  of 
^he  said  patentees,  or  their  deputies,  to  suspend  them 
'from  the  execution  of  their  places,  till  you  shall  have 
'  represented  the  whole  matter  and  received  our  directi- 
'  ons  therein  ;  but  you  shall  not  by  colour  of  any  power 
1  or  authority  hereby  or  otherwise  granted  or  mentioned 
'  to  be  granted  unto  you,  take  upon  you  to  give,  grant 
'  or  dispose  of  any  office  or  place  within  our  said  pro- 
'  vince,  which  now  is  or  shall  be  granted  under  the 
'  great  seal  of  England,  any  further  than  that  you  may 
'  upon  the  vacancy  of  any  such  office  or  place,  or  sus- 
i  pension  of  any  such  officer  by  you  as  aforesaid,  put 
1  in  any  fit  person  to  officiate  in  the  interval  till  you 
'shall  have  represented  the  matter  unto  us,  and  to  our 
'commissioners  for  trade  and  plantations  as  aforesaid, 
'  (which  you  are  to  do  by  the  first  opportunity)  and 
'till  the  said  office  or  place  be  disposed  of  by  us,  our 
(  heirs  or  successors,  under  the  great  seal  of  England, 
'  or  that  our  further  directions  be  given  therein. 

'  43.  In  case  any  goods,  money,  or  other  estate  of 
'pirates,  or  piratically  taken,  shall  be  brought  in,  or 
'  found  within  our  said  province  of  Nova-Caesaria,  or 
'  New-Jersey,  or  taken  on  board  any  ships  or  vessels, 
'you  are  to  cause  the  same  to  be  seized  and  secured 
'  until  you  shall  have  given  us  an  account  thereof,  and 
'  received  our  pleasure  concerning  the  disposal  of  the 
'  same :  But  in  case  such  goods  or  any  part  of  them  are 
'  perishable,  the  same  shall  be  pubKckly  sold  ami  dis- 
'  posed  of,  and  the  produce  thereof  in  like  manner 
'secured  until  our  further  order. 

'44.  And  whereas  commissions  have   been    granted 

'unto  several  persons  in  our  respective  plantations  in 

America,  for  the  trying  of  pirates  in  those  parts  pur- 

'  suant  to  the  act  for  the  more  effectual  suppression  of 

'  piracy,  and  by  a  commission  already  sent  to  our  pro- 


OF    N  E  \V  -  J  E  R  S  E  Y .  245 

*  vfnce   of    New- York,   you    (as   captain    general   and 
'  governor  in  chief  of  our  said  province  of  New- York) 
4  are   empowered,    together   with   others   therein  menti- 
'  oncd,  to  proceed  accordingly  in  reference  to  our  pro- 
4  vinces  of  New- York,  New  Jersey,  and  Connecticut; 
'our  will   and   pleasure  is,  that  in  all  matters  relating 

*  to    pirates,    you    govern    yourself    according    to    the 
4  intent  of  the  act  and  commission  aforementioned;  but 
4  whereas  accessaries  in  cases  of  piracy  beyond  the  seas, 
i  arc   by   the  same    act    left   to    be    tried    in    England, 
'according  to  the  statute  of  the  second  of  king  Henry 
'  the  eighth,  we  do   hereby  further  direct  and  require 
4  you  to  send  all  such  accessaries  in  cases  of  piracy  in 
'  our    aforesaid     province    of    Nova-Ca3saria   or    New- 
'  Jer-ev,  with  the  proper  evidences  that  you  may  have 
4  against  them,   into   England,  in   order  to  their  being 
4  tried  here. 

'  45.  You  shall  not  erect  any  court  or  office  of  judi- 
'  cat ure,  not  before  erected  or  established,  without  our 
•'  « ^peeial  order. 

'  4G.  You  are  to  transmit  unto  us  and  to  our  com- 
'  missioners  for  trade  and  plantations,  with  all  conve- 
1  nient  speed,  a  particular  account  of  all  establishments 
'of  jurisdictions,  courts,  offices,  and  officers,  powers, 
'  authorities,  fees  and  privileges,  which  shall  be 
'  granted  or  settled  within  the  said  province,  by  virtue 
4  and  in  pursuance  of  ortr  commission  and  instructions 
'to  you  our  captain  general  and  governor  in  chief  of 
'  the  same,  to  the  end  you  may  receive  our  further 
'  direction  therein. 

4  47.  And  you  are  with  the  advice  and  consent  of 
'our  said  council,  to  take  especial  care  to  regulate  all 
salaries  and  fees  belonging  to  places,  or  paid  upon 
emergencies,  that  they  be  within  the  bounds  of  mode- 
ration, and  that  no  exaction  be  made  on  any  occasion 
whatsoever  ;  a-  also,  that  tables  of  all  fees  be  pub- 
lickly  hung  up  in  all  places  where  such  fees  are  to  be 
paid  ;  and  you  are  to  transmit  copies  of  all  such  tables 
off'er^  in  u-.  and  to  our  commissioners  for  trade  and 
plantations  as  aforesaid. 

'48.  Whereas 


246  THE    HISTORY 

A.  D.  <  48.  Whereas  it  is  necessary  that  our  rights  and 

1702.  t  (jueg  i)e  preservefi  and  recovered,  and  that  speedy  and 
'effectual  justice  be  administered  in  all  cases  relating  to 
'  our  revenue,  you  are  to  take  care,  that  a  court  of 
'  exchequer  be  called  and  do  meet  at  all  such  times  as 
'  shall  be  needful,  and  you  are  to  inform  us  and  our 
'commissioners  for  trade  and  plantations,  whether  our 
'service  may  require  that  a  constant  court  of  exchequer 
'  be  settled  and  established  there. 

1  49.  You  are  to  take  care  that  no  man's  life,  mem- 
'  ber,  freehold,  or  goods  be  taken  away  or  harmed  in 
'  our  said  province,  otherwise  than  by  established  and 
'  known  laws,  not  repugnant  to,  but?  as  much  as  may 
'  be,  agreeable  to  the  laws  of  England. 

'  50.  You  shall  administer,  or  cause  to  be  aclmini- 
'stred,  the  oaths  appointed  by  act  of  parliament  to  be 
'taken  instead  of  the  oaths  of  allegiance  and  supremacy, 
'  and  the  oath  mentioned  in  the  aforesaid  act,  entitled, 
'  An  act  to  declare  the  alteration'  in  the  oath  appointed 
'  to  be  taken  by  the  act,  entitled,  An  act  for  the  further 
'  security  of  his  majesty's  person,,. and  the  succession  of  the 
'  crown  in  the  protestant  line,  and  for  extinguishing  the 
'  hopes  of  the  pretended  prince  of  Wales,  and  all  other 
'pretenders,  and  their  open  and  secret  abettors,  and  for 
'  declaring  the  association  to  be  determined ;  as  also  the 
'  forementioned  test,  to  the  members  and  officers  of 
'  the  council  and  assembly,  arfd  to  all  judges,  justices, 
'  and  all  other  persons  that  hold  any  office  or  place  of 
'trust  or  profit  in  the  said  province,  whether  by  virtue 
'  of  any  patent  under  our  great  seal  of  England,  or 
'  otherwise,  without  which  you  are  not  to  admit  any 
'person  whatsoever  into  any  publick  office,  nor  suffer 
'  those  who  have  been  admitted  formerly  to  continue 
'  therein. 

1  51.  You  are  to  permit  a  liberty  of  conscience  to 
'  all  persons  (except  papists)  so  they  may  be  contented 
*  with  a  quiet  and  peaceable  enjoyment  of  the  same, 
'not  giving  offence  or  scandal  to  the  government. 

'  52.  And  whereas  we  have  been  informed,  that 
'divers  of  our  good  subjects  inhabiting,  those  parts, 

'do- 


OF    NEW- JERSEY.  247 

'  d<»  make  a  religions  scruple  of  swearing,  and  by  reason        A.  D. 

'  of  their  refusing  to  take  an   oath   in   courts  of  justice         1702«  „ 

'and   other  places,  are  or  may  be  liable  to  many  incon- 

'  veniencies;    our  will   and  pleasure  is,  that  in  order  to 

'  their  ease   in   what  they  conceive  to  be  matter  of  con- 

'  science,  so  far  as   mav  be  consistent  with   good  order 

'and  <n»vernment,  yon   take  care,  that  an  act  be  passed 

'in   the  general    assemblv  of  our  said  province,  to  the 

'  like  elVect  as  that  passed  here  in  the  seventh  and  eighth 

'years   of  his    majesty's    reign,   entitled,    An  act,    that 

'  the  wife  mn  affirmation  and   declaration   of  the  people 

'  culled  (Jiiakci-x,  shall  be  accepted,  instead  of  an  oath  in 

'flu-  usual  form,  &nd  that  the  same  be  transmitted  to 

4  ii-,  and  to  our  commissioners  for  trade  and  plantations 

'  as  before  directed. 

•  .",:;.   And   whereas  we  have  been  further  informed, 
'  that  in  the  first  settlement  of  the  government  of  our 
'  said   province,  it  may  so  happen,  that  the  number  of 
'  inhabitants  fitly  qualified  to  serve  in   our  council  in 
'the  general   assembly,  and  in  other  places  of  trust  or 
4  prolit  there,  will  be  but  small ;   it  is  therefore  our  will 
'  and    pleasure,    that   such    of  the   said    people   called 
4  <|inkers,  as   shall   be  found  capable  of   any  of   those 
'  places  or  employments,  and  accordingly  be  elected  or 
'appointed    to    serve    therein,   may  upon   their    taking 
'  and  signing  the  declaration  of  allegiance,  to  us  in  the 
'  form   used    by  the  same  people  here  in   England,  toge- 
'  ther  with  a  solemn  declaration  for  true  discharge  of 
'  their   respective  trusts,  be  admitted  by  you  into  any 
'  of  the  said  places  or  employments. 

*  ">  I.   You  shall  send  an  account  unto  us,  and  to  our 
'  commissioners  for  trade  and   plantations,  of  the  pre- 
'  sent  number  of  planters  and  inhabitants,  men  women 
'and   children,  as  well    masters  as  servants,  free   and 
'  un five,  and    of  the  slaves   in    our  said    province,   as 
'also  a  yearly  account  of  the  increase  or  decrease  of 
'  them,  and   how  many  of  them  are  fit  to  bear  arms  in 
'  the  militia  of  our  said  province. 

4  55.  You   shall   also  cruise  an   account  to  be  kept  of 
'  all    persons   born,  christened    and     buried,    and   you 

'  shall 


248  THE    HISTORY 

A.  D.  <  shall  yearly  send  fair  abstracts  thereof  to  us,  and  to  our 
170  *  *  commissioners  for  trade  and  plantations  as  aforesaid. 

*  56.  You  shall  take  care,  that  all  planters  and  chri- 
'  stian  servants,  be  well  and  fitly  provided  with  arms, 
'  and  that  they  be  listed  under  good  officers,  and  when 
'and  as  often  as  shall  be  thought  fit,  mustered  and 
'  trained,  whereby  they  may  be  in  a  better  readiness 
'  for  the  defence  of  our  said  province  under  your 
'  government ;  and  you  are  to  endeavour  to  get  an  act 
'  pass'd,  (if  not  already  done)  for  apportioning  the 
'  number  of  white  servants  to  be  kept  by  every  planter. 

'  57.  You  are  to  take  especial  care,  that  neither  the 
'frequency,  nor  unreasonableness  of  their  marches, 
'  musters  and  trainings,  be  an  unnecessary  impediment 
'to  the  affairs  of  the  inhabitants. 

'  58.  You  shall  not,  upon  any  occasion  whatsoever, 
'establish,  or  put  in  execution,  any  articles  of  war, 
'or  other  law  martial,  upon  any  of  our  subjects,  inha- 
'  bitants  of  our  said  province,  without  the  advice  and 
'  consent  of  our  council  there. 

'  59.  And  whereas  there  is  no  power  given  you  by 
'your  commission,  to  execute  martial  law  in  time  of 
€  peace  upon  soldiers  in  pay,  and  that  nevertheless  it 

*  may  be   necessary   that  some  care   be  taken    for  the 
'  keeping   of    good   discipline   amongst  those,  that  we 

*  may  at  any  time  think  fit  to  send  into  our  said  pro- 
'  vince,  (which   may  properly  be  provided  for  by  the 
'  legislative    power  of  the  same)  you   are  therefore  to 
'recommend  to  the  general  assembly  of  our  said  pro- 
'  vince,  that  they  prepare  such  act  or  law  for  the  punish- 
'  ing  of  mutiny,  desertion  and  false  musters  and    for 
'the  better  preserving  of  good  discipline  amongst  the 
'  said  soldiers,,  as  may  best  answer  those  ends. 

'  60.  And  whereas  upon  complaints  that  have  been 
'made  of  the  irregular  proceedings  of  the  captains  of 
'  some  of  our  ships  of  war,  in  the  pressing  of  seamen 
'in  several  of  our  plantations;  we  have  thought  fit  to 
'  order,  and  have  given  directions  to  our  high  admiral 
'accordingly,  that  when  any  captain  or  commander 
'  of  any  of  our  ships  of  war,  in  any  of  our  said  plan- 

'  tatious 


O  F     N  E  W  -  J  E  R  S  E  Y .  249 

Nations,  shall   have  occasion   for  seamen,  to  serve  on        A.D. 
'board  our  ships  under  their  command,  they  do  make 
'their  applications  to  the  governors,  and  commanders 
'in    chief    of    our    plantations    respectively,  to  whom 

*  a.-    vice   admirals,  we  are  pleased    to  commit  the  sole 

*  power   of   impressing   seamen    in    any    of  our   plan- 
'  tat  ions  in  America,  or  in  sight  of  any  of  them,  you 
'  are  therefore   hereby  required  upon  such  application 
'  made    to    you,   by   any    of  the   commanders    of  our 
'said  ships  of  war  within  our  province  of  Nova-Cse- 
'  saria,  or  New- Jersey,  to  take  care  that  our  said  ships 
'  of  war,  be  furnished  with  a  number  of  seamen  that 
'  may  be  necessary  for  our  service  on  board  them  from 
'  time  to  time. 

'01.  And  whereas  together  with  other  powers  of 
'  vice  admiralty,  you  will  receive  authority  from  our 
'  dearest  husband  prince  George  of  Denmark,  our 
'  high  admiral  of  England,  and  of  our  plantations, 
1  upon  the  refusal  or  neglect  of  any  captain  or  com- 
'  mander  of  any  of  our  ships  of  war,  to  execute  the 
'  written  orders  he  shall  receive  from  you  for  our  ser- 

*  vice,  and    the  service  of    our   province    under  your 
'  government,  or  upon  his  negligent  or  undue  execu- 
'  tion   thereof,  to   suspend    him,  such  captain  or  com- 
'  mander  from  the  exercise  of  his  said  office  of  captain 
'  or  commander,  and  to  commit  him  into  safe  custody 
'  either  on  board   his  own   ship  or  elsewhere,  at  your 
'  discretion,  in  order  to  his  being  brought  to  answer  for 
'  such  refusal  or  neglect,  by  commission  either  under 
'  our  great  seal  of  England,  or  from  our  high  admiral, 
'  or  our  commissioners  for  executing  the  office  of  our 
'  high  admiral  of  England  for  the  time  being. 

'  62.  And  whereas  you  will   likewise  receive  direc- 

*  tions  from  our  said  dearest  husband,  as  our  high  admi- 
4  ral  of  England,  and  of  our  plantations,  that  the  cap- 
'  tain  or  commander,  so  bv  yon  suspended,  shall   during 
'such  his  suspension  and  commitment,  be  succeeded  in 
'  his  said  office   by  such  commission  or  warrant  officer 
'of  our  said   ship,  appointed   by  our  said  high  admiral 
'  of  England,  or  bv  our   commissioners   for  executing 

'the 


250  T  H  K    HISTORY 

A.  B.  <  the  office  of  our  high  admiral  of  England  for  the  time 
1702.  'being,  as  by  the  known  practice  and  discipline  of 
'  our  navy,  does  and  ought  to  succeed  him  next  as  in 
'  case  of  death,  sickness,  or  other  ordinary  disability 
'  happening  to  the  commander  of  any  of  our  ships  of 
'  war  and  not  otherwise,  you  standing  also  accountable 
'  for  the  truth  and  importance  of  the  crime  and  mis- 
'  demeanor,  for  which  you  shall  so  proceed  to  the  sus- 
'  pending  of  such  our  captarn  or  commander ;  you  are 
'  not  to  exercise  the  said  power  of  suspending  any  such 
'  captains  or  commanders  of  our  ships  of  war,  other- 
'  wise  than  by  virtue  of  such  commission  or  authority 
*  from  our  said  high  admiral ;  any  former  custom  or 
'  usage  to  the  contrary  notwithstanding. 

1  63.  Whereas  it  is  absolutely  necessary,  that  we  be 
'exactly  informed  of  the  state  of  defence  of  all  our 
f  plantations  in  America,  as  well  in  relation  to  the 
'stores  of  war  that  are  in -each  plantation,  as  to  the 
(  forts  and  fortifications  there,  and  what  more  may  be 
'  necessary  to  be  built  for  the  defence  and  security  of 
'  the  same ;  you  are  so  soon  as  possible,  to  prepare  an 
'  account  thereof,  with  relation  to  our  said  province 
'  of  Nova-Csesaria,  or  New-Jersey,  in  the  most  par- 
'  ticular  manner,  and  you  are  therein  to  express  the 
'present  state  of  the  arms,  ammunition,  and  other 
'  stores  of  war,  either  in  any  publick  magazines,  or 
'  in  the  hands  of  private  persons,  together  with  the 
'state  of  all  places  either  already  fortified,  or  that 
'you  judge  necessary  to  be  fortified  for  the  security  of 
'  our  said  province ;  and  you  are  to  transmit  the  said 
'account  to  us,  and  to  our  commissioners  for  trade 
'  and  plantations  by  the  first  opportunity,  and  other 
'  like  accounts  yearly  in  the  same  manner. 

'  64.  And  that  we  may  be  the  better  informed  of 
'  the  trade  of  our  said  province,  you  are  to  take  espe- 
'  cial  care,  that  due  entries  be  made  in  all  ports  in  our 
'said  province  of  all  goods  and  commodities,  their 
'  species  or  quantities  imported  or  exported  from  thence, 
'  with  the  names,  burden,  and  guns  of  all  ships  im- 
'  porting  and  exporting  the  same,  also  the'  names  of 

'  their 


O  F     N  E  \V  -  J  E  R  S  E  Y  .  251 

'their  commanders,  and  likewise  expressing  from  and 
'  to  what  places  the  said  ships  do  come  and  go,  a  copy 
'  whereof  the  naval  officer  is  to  furnish  you  with,  and 
'you  are  to  transmit  the  same  unto  us,  or  our  high  trea- 
'  surer,  or  our  commissioners  of  our  treasury  tor  the 
'time  being,  and  to  our  commissioners  for  trade  and 
1  plantations  quarterly,  and  duplicates  thereof  by  the 
'  next  conveyance. 

'  65.  And  whereas  great  losses  have  been  sustained 

by  our  subjects,  trading  to  our  plantations  in 'America, 

by  ships  sailing  from   those   parts  without  covoy,  or 

without    the    company    of  other   ships,  which    might 

protect   them    from     our    enemies,    by    which    means 

many  of  them  have  been  taken  by  the  French  in  their 

return  to  England;  to  the  end  therefore  the  ships  of 

'  our  subjects  may  be  the  better  secured  in  their  return 

'  home,  you  are  to  tafce  care  that  during  this  time  of 

'  war,  no  ships  trading  to  our  province  of  Nova-Cfifc-* 

'  saria,   or   New   Jersey,   be   permitted   to   come   from. 

1  thence  to  England,  but  in  fleets,,  or  under  the  convoy 

'  or  protection  of  some  of  our  ship*  of  war,  or  at  such 

'  a  time  as  you  shall  receive  notice  from  hence,  of  their 

'  meeting  such  convoys,  as  may  be  appointed   for  the 

'  bringing  them  safe  to  some  of  our  ports  in  this  king- 

'  dom ;  and  in  case  of  any  danger,  you  are  to  expect 

'  directions    from    hence,    what    precautions    shall    be 

1  further  necessary  for  their  security. 

1  66.  You  are  likewise  to  examine  what  rates  and 
'  duties  are  charged  and  payable  upon  any  goods  im- 
'  ported  or  exported  within  our  province  of  Nova- 
'  Caesaria,  or  New-Jersey,  whether  of  the  growth  or 
'  manufacture  of  the  said  province  or  otherwise,  and 
'  to  use  your  best  endeavours  for  the  improvement  of 
'  the  trade  in  those  parts. 

'  67.  And  whereas  orders  have  been  given  for  the 
'  commissionating  of  fit  persons  to  be  officers  of  our 
'  admiralty  and  customs  in  our  several  plantations  in 
'  America ;  and  it  is  of  great  importance  to  the  trade 
'  of  this  kingdom,  and  to  the  welfare  of  all  our  plan- 
'  tatious,  that  illegal  trade  be  every  where  discouraged. 

'You 


252  THEHISTORY 


r**0?"  '  ^r°U  are  tnerefore  to  ta^e  esPecial  care,  that  the  acts 
'  of  trade  and  navigation  be  duly  put  in  execution  ; 
'  and  in  order  thereunto,  you  are  to  give  constant  pro- 
1  tection  and  all  due  encouragement  to  the  said  officers 
'  of  our  admiralty  and  customs,  in  the  execution  of 

*  their  respective  offices  and  trusts  within  our  territories 

*  under  your  government. 

'  68.  You  are  from  time  to  time  to  give  an  account 
'as  before  directed,  what  strength  your  bordering 
'neighbours  have,  be  they  Indians  or  others,  by  sea 
4  and  land,  and  of  the  condition  of  their  plantations, 
4  and  what  correspondence  you  do  keep  with  them. 

'  69.  You  shall  take  especial  care,  that  God  Al- 
4  mighty  be  devoutly  and  duly  served  throughout  your 

*  government,  the  book  of  common  prayer  as  by  law 
'established,  read  each  Sunday,  and  holy-day,  and  the 
'blessed  sacrament  administered  according  to  the  rites 
'  of  the  church  of  England. 

'  70.  You  shall  be  careful  that  the  churches  already 
4  built  there,  be  well  and  orderly  kept,  and  that  more 
4  be  built,  as  the  colony  shall  by  God's  blessing  be 
4  improved  ;  and  that  besides  a  competent  maintenance 
'to  be  assigned  to  the  minister  of  each  orthodox  church, 

*  a  convenient   house    be   built  at  the  common  charge 
'for   each    minister,    and   a   competent   proportion    of 
4  land  assigned  to  him,  for  a  glebe  and  exercise  of  his 

*  industry. 

'71.  And  you  are  to  take  care,  that  the  parishes  be 
'so  limited  and  settled,  as  you  shall  find  most  conve- 
'  nient  for  the  accomplishing  this  good  work. 

'  72.  You  are  not  to  prefer  any  minister  to  any  eccle- 
'  siastical  benefice  in  that  our  province,  without  a  cer- 
'  tificate  from  the  right  reverend  father  in  God  the 
'  lord  bishop  of  London,  of  his  being  conformable  to 
'the  doctrine  and  discipline  of  the  church  of  England, 
'  and  of  a  good  life  and  conversation  :  And  if  any 
'  person  already  prefer'd  to  a  benefice,  shall  appear  to 
'  you  to  give  scandal  either  by  his  doctrine  or  manners, 
'  you  are  to  use  the  best  means  for  the  removal  of  him, 
'  and  to  supply  the  vacancy  in  such  manner  as  we  have 
'directed.  '73.  You 


OF    NEW- JERSEY.  253 

'  73.  You  are  to  give  order,  that  every  orthodox  A.  D. 
'minister  within  your  government,  be  one  of  the 
'vestry  in  his  respective  parish,  and  that  no  vestry  be 
'field 'without  him,  exeept  in  case  of  sickness,  or  that 
'after  the  notice  of  a  vestry  summon'd,  he  omit  to 
'  come. 

'  74.  You  are  to  enquire  whether  there  be  any  mini- 
'ster  within  your  government,  who  preaches  and 
'administers  the  sacraments  in  any  orthodox  church  or 
'chapel,  without  being  in  due  orders,  and  to  give 
'  account  thereof  to  the  said  lord  bishop  of  London. 

'  75.  And  to  the  end  the  ecclesiastical  jurisdiction  of 
'  the  said  lord  bishop  of  London,  may  take  place  in 
'our  said  province  so  far  as  conveniently  may  be,  we  do 
'  think  fit  that  you  give  all  countenance  and  encourage- 
'  ment  to  the  exercise  of  the  same,  excepting  only  the 
'collating  to  benefice%,  granting  licences  for  marri- 
'  ages,  and  probate  of  wills,  which  we  have  reserved 
'  to  you  our  governor  and  the  commander  in  chief  of 
'  our  said  province  for  the  time  being. 

'  76.  And  you  are  to  take  especial  care,  that  a  table 
'of  marriages  established  by  the  cannons  of  the  church 
'of  England,  be  hung  up  in  every  orthodox  church, 
'  and  duly  observed,  and  you  are  to  endeavour  to  get  a 
1  law  passed  in  the  assembly  of  our  said  province,  (if 
'  not  already  done)  for  the  strict  observation  of  the 
'  said  table. 

'  77.  You  are  to  take  care,  that  drunkenness  and 
'  debauchery,  swearing  and  blasphemy,  be  diseounte- 
'  tenanced  and  punished :  And  for  the  further  discoun- 
'  tenance  of  vice,  and  encouragement  of  virtue  and 
'good  living,  (that  by  such  example  the  infidels  may 
'  be  invited  and  desire  to  partake  of  the  Christian  reli- 
*gion)  you  are  not  to  admit  any  person  to  publick 
'  trusts  and  employments  in  our  said  province  under 
'your  government,  whose  ill  lame  and  conversation 
'  may  occasion  scandal. 

'  78.  You  are  to  suppress  the  ingrossing  of  co:nmo- 
'dities  as  tending  to  the  prejudice  of  that  freedom 
'  which  commerce  and  trade  ought  to  have,  and  to 

'  settle 


254  T  H  E    H  I  S  T  O  R  Y 

1702*  'settle  such  orders  and  regulations  therein  with  the 
'advice  of  the  council,  as  may  be  most  conducive  to 
'  the  benefit  and  improvement  of  that  colony. 

'  79.  You  are  to  give  all  due  encouragement  and 
'  invitation  to  merchants  and  others,  who  shall  bring 
'  trade  unto  our  said  province,  or  any  way  contribute 
1  to  the  advantage  thereof,  and  in  particular  the  royal 
'  African  company  of  England. 

1 80.  And  whereas  we  are  willing  to  recommend 
'unto  the  said  company,  that  the  said  province  may 
'  have  a  constant  and  sufficient  supply  of  merchantable 
e  Negroes,  at  moderate  rates,  in  money  or  commodi- 
'  ties  ;  so  you  are  to  take  especial  care,  that  payment 
'  be  duly  made,  and  within  a  competent  time  accord- 
4  ing  to  their  agreements. 

'81.  And  you  are  to  take  care,  that  there  be  no 
'trading  from  our  said  province  to  any  place  in  Africa, 
'  within  the  charter  of  the  royal  African  company, 
•'  otherwise  then  prescribed  by  an  act  of  parliament, 
'  entitled,  An  act  to  settle  the  trade  to  Africa. 

'  82.  And  you  are  yearly  to  give  unto  us,  and  to  our 
'commissioners  for  trade  and  plantations,  an  account 
'  of  what  number  of  Negroes  our  said  province  is 
'  yearly  supplied  with,  and  at  what  rates. 

'  83.  You  are  likewise  from  time  to  time,  to  give 
'  unto  us,  and  to  our  commissioners  for  trade  and 
4  plantations  as  aforesaid,  an  account  of  the  wants  and 
'  defects  of  our  said  province,  what  are  the  chief 
''products  thereof,  what  new  improvements  are  made 
4  therein  by  the  industry  of  the  inhabitants  or  planters, 
4  and  what  further  improvements  you  conceive  may  be 
4  made,  or  advantages  gained  by  trade,  and  in  what 
4  manner  we  may  best  advance  the  same. 

4  84.  You  are  not  to  grant  commissions  of  marque 
1  or  reprisals,  against  any  prince  or  state,  or  their 
'  subjects  in  amity  with  us,  to  any  person  whatsoever, 
*  without  our  especial  command. 

'  85.*  Our  will  and  pleasure  is,  that  appeals  be  made 
'  in  cases  of  error  from  the  courts  in  our  said  province 
4  of  Nova-Cyesaria,  or  New-Jersey,  unto  you  and  the 

'  council 


OF    NEW-JERSEY.  255 

*  council    there  ;    and   in  your  absence  from    our   said 

<  province,  to   our   commander   in    chief   for  the  time 
'  being,  and  our  said  council,  in  civil  causes,  wherein 

*  such  of  our  said  council  as  shall  be  at  that  time  judges 

<  of  the  court  from  whence  such  appeal  shall  be  made 

<  to  you    our  governor,  and    council,  or    to    the    com- 

*  1 1 milder  in    chief  for  the  time  being,  and  council  as 
'aforesaid,  shall    not    be   admitted    to    vote    upon    the 

*  said  appeal,  but  they  may  nevertheless  be  present  at 

*  the  hearing  thereof,  to  give  the   reasons  of  the  judg- 
4  incut  given  by  them,  in  the  cause  wherein  such  appeal 

<  shall    be   made.     PROVIDED  NEVERTHELESS,  that  in 
1  all  such  appeals,  the  sum  or  value  appealed  for  exceed 
'  one     hundred     pounds     sterling,    and     that     security 
'  be  first  duly  given  by  the  appellant  to  answer  such 
'  charges  as  shall  be  awarded  in  case  the  first  sentence 
'  be  affirmed. 

'  86.  And  if  either  party  shall  not  rest  satisfied  with 
'  the  judgment  of  you,  or  the  commander  in  chief  for 

*  the    time  being,  and    council    as  aforesaid  ;    our  will 

*  and   pleasure  is,  that  they  may  then   appeal   unto  us, 
4  in  our   privy  council,  provided  the  sum  or  value  so 

*  appealed  for  unto  us,  do  exceed  two  hundred   pounds 
4  sterling,  and  that  such  appeal  be  made  within  four- 
'  tccn   days  after   sentence;    and  that  good  security  be 
•*  given  by  the  appellant,  that  he  will  effectually  pro- 

*  smite   the   same,  and    answer   the    condemnation,  as 
'  also  pay  such  costs  and  damages  as  shall   be  awarded 
'  by  us,  in  case  the  sentence  of  you,  or  the  commander 
'  in  chief  for  the  time  being,  and  council,  be  affirmed. 
'  And    provided  also,  that  execution   be  not  suspended 
'  by  reason  of  any  such  appeal  to  us. 

'  87.  You  are  also  to  permit  appeals  to  us  in  council, 
1  in  all  cases  of  fines  imposed  for  misdemeanors ;  pro- 
4  vided  the  lines  so  imposed,  amount  to  or  exceed  the 
'  value  of  two  hundred  pounds,  the  appellant  first 
'giving  good  security,  that  he  will  effectually  prose- 
4  cute  the  same,  and  answer  the  condemnation,  if  the 
4  sentence  by  which  such  fine  was  imposed  in  our  said 
4  province  of  Nova-Caesaria,  or  .New-Jersey,  shall  be 
4  confirmed.  *  '  88.  You 


256  THE    HISTORY 

A.  D.  '  88.  You    are    for    the    better   administration    of 

1702.        'justice,  to  endeavour  to  get  a  law  passed  (if  not  already 

'done)  wherein  shall   be  set  the  value  of  men's  estates, 

'  either  in  goods  or  lands,  under  which  they  shall  not 

'  be  capable  of  serving  as  jurors. 

(  89.  You  shall  endeavour  to  get  a  law  pass'd  for 
'  the  restraining  of  any  inhuman  severity,  which  by  ill 
' masters  or  overseers,  nfay  be  used  towards-  their 
'  Christian  servants,  and  their  slaves,  and  that  provision 
'  be  made  therein,  that  the  wilful  killing  of  Indians 
'  and  Negroes  may  be  punished  with  death,  and  that 
'  a  fit  penalty  be  imposed  for  the  maiming  of  them. 

'  90.  You  are  also  with  the  assistance  of  the  council 
'and  assembly,  to  find  out  the  best  means  to  facilitate 
'  and  encourage  the  conversion  of  Negroes  and  Indians, 
'  to  the  Christian  religion. 

'  91.  You  are  to  endeavour  with  the  assistance  of  the 
'council  to  provide  for  the  raising  of  stocks,  and 
'building  of  publick  work-houses,  in  convenient 
'  places,  for  the  employing  of  poor  and  indigent 
'  people. 

'  92.  You  are  to  propose  an  act  to  be  passed  in  the 
'  assembly,  whereby  the  creditors  of  persons  becoming 
'  bankrupts  in  England,  and  having  estates  in  our 
'  aforesaid  province  of  New-Jersey,  may  be  relieved 
'  and  satisfied  for  the  debts  owing  to  them. 

'  93.  You  are  to  encourage  the  Indians  upon  all 
'  occasions,  so  as  they  may  apply  themselves  to  the 
'  English  trade  and  nation,  rather  than  to  any  other  of 
'  Europe. 

'  94.  And  whereas  the  preservation  of  the  northern 
'  frontiers  of  our  province  of  New- York,  against  the 
'  attempts  of  any  enemy  by  land,  is  of  great  impor- 
'  tance  to  the  security  of  our  other  northern  plantations 
'  on  the  continent  of  America,  and  more  especially  of 
'  our  said  province  of  New-Jersey,  which  lies  so  near 
'  adjoining  to  our  province  of  New- York,  and  the 
'  charge  of  erecting  and  repairing  the  fortifications, 
'  and  of  maintaining  the  soldiers  necessary  for  the 
'  defence  of  the  same,  is  too  great  to  be  borne  by  the 

'  single 


OF    NEW  -JERSEY.  257 

'  single  province   of  New- York,   without   due   contri-        A_.  I). 

'  hutioii.s     from     others    concerned    therein,    for    which         1702* 

'  reason,    we    have    upon    several    occasions,    required 

'  such    contributions     to    be    made,    and    accordingly 

'settled   a   quota    to   regulate  the  proportions  thereof; 

'you  an-  tlierd'ore  to  take  further  care,  to  dispose  the 

'  gnu-nil  assembly  of  our  said  province  of  New-Jersey, 

*  to  the  raising  of  such   other  supplies,  as  are  or  may 

'  be  ueressarv  for  the  defence  of  our  province  of  New- 

'  York,  according  to  the  signification  of  our  will  and 

'  pleasure  therein,  which  has  already  been   made  to  the 

'  inhabitants    of    New-Jersey,    or    which    shall    at    any 

'time  hereafter    be   made    to    you  our  governor,  or  to 

1  the  commander  in  chief  of  our  said  province  for  the 

'  time  being. 

4  '.'">.  And  in  case  of  any  distress  of  any  of  our 
'  plantations,  you  shall  upon  application  of  the  respec- 
1  live  governors  to  you,  assist  them  with  what  aid  the 
'  condition  and  safety  of  your  government  will  permit, 
'and  more  particularly  in  ease  our  province  of  New- 
'  York,  be  at  any  time  attacked  by  an  enemy,  the 
'  assistance  you  are  to  contribute  towards  the  defence 
'  thereof,  whether  in  men  or  money,  is  according  to 
'the  forementioned  quota  or  repartition,  which  has 
'  already  been  signified  to  the  inhabitants  of  our  fore- 
'  said  province  under  your  government,  or  according 
'  to  such  other  regulations  as  we  shall  hereafter  make  in 
'  that  behalf,  and  signify  to  you  or  the  commander  in 
'chief  of  our  said  province  for  the  time  being. 

1  (.M).  And  for  the  greater  security  of  our  province 
'of  Ncw-.Jers»y,  you  are  to  appoint  fit  officers  and 
'commanders  in  the  several  parts  of  the  country  bor- 
'dering  upon  the  Indians,  who  upon  any  invasion. 
'  may  raise  men  and  arms  to  oppose  them,  until  they 
k  slrill  receive  your  directions  therein. 

k  !»7.  And  whereas  we  have  been  pleased  by  our 
•Commission  to  direct,  that  in  case  of  your  death  or 
'absence  from  our  said  province,  and  in  case  there  be 
4  at  that  time  no  per.-ou  upon  the  place  cornmissionated 
'  or  appointed  by  us  to  be  our  lieutenant  governor,  or 

R  '  commander 


258  THE    HISTORY 

'  commanc'er  in  chief,  the  then  present  council  of  our 
'  said  province,  shall  take  upon  them  the  administra- 
tion of  the  government,  and  execute  our  said  com- 
'  mission,  and  the  several  powers  and  authorities 
'  therein  contained  in  the  manner  therein  directed ;  it 
'is  nevertheless  our  express  will  and  pleasure,  that  in 
'  such  case  the  said  council  shall  forbear  to  pass  any  acts, 
'  but  what  are  immediately  necessary  for  the  peace  and 
'  welfare  of  our  said  province,  without  our  particular 
*  order  for  that  purpose.**. 

'  98.  You 

ic.  This  article  was  afterwards  supplied  as  follows: 

'ANNE  R. 

'Additional  instruction  to  our  right  trusty  and  well  beloved  Edward 
'lord  viscount  Cornbury,  our  captain  general  and  governor  in 
'chief  of  our  province  of  New- Jersey,  in  America,  and  in  his 
'absence  to  our  lieutenant  governor  and  commander  in  chief  of 
4  our  said  province  for  the  time  being.  Given  at  our  court  at 
4  Kensington,  the  third  day  of  May,  in  the  sixth  year  of  our 
'reign,  1707. 

'WHEREAS  by  a  clause  in  our  commission  and  instruction  to  you 
*our  captain  general  and  governor  in  chief  of  our  province  of 
'New-Jersey,  it  is  directed,  that  upon  your  death  or  absence,  in 
'case  there  be  no  lieutenant  governor  appointed  by  us  up* in  the 
'place,  that  then  the  council  do  take  upon  them  the  administration 
'of  the  government,  and  that  the  eldesi  councellor  do  preside  as  by 
'the  said  commission  and  instructions  is  more  particularly  set 
'forth;  and  we  having  observed,  that  this  instruction  has  given 
'occasion  of  many  controversies  and  disputes  between  the  president 
'and  the  conncellors,  and  between  the  councellors  themselves  and 
'otherwise,  in  several  of  our  plantations,  to  the  great  hindrance  of 
'the  publick  business,  and  the  prejudice  and  disturbance  of  our 
'service  there;  our  will  and  pleasure  therefore  is,  that  if  upon 
'your  death  or  absence  ihere  be  no  person  upon  the  place  conunis- 
'sionated  by  us  to  be  our  lieutenant  governor  or  commander  in 
'chief,  the  eldest  councellor  whose  name  is  first  placed  in  our  said 
'instructions  to  you,  and  who  shall  be  at  that  time  of  your  dtath 
'or  absence  residing  within  our  said  province  of  New- Jersey,  shall 
'take  upon  him  the  administration  of  the  government  and  execute 
'our  said  commission  and  instructions,  and  the  several  powers  and 
'authorities  therein  contained,  in  the  same  manner  and  to  all  intents 
'and  purposes,  as  either  our  governor  or  commander  in  chief  should 
'or  ought  to  do  in  case  of  your  absence,  or  until  your  return  or 
'  in  all  cases  until  our  further  pleasure  be  known  therein.  So  we 
'bid  you  heartily  farewel. 

By  her  majesty's  command, 

SttNDERLAND. 

The 


O  F    1ST  E  W  -  J  E  R  S  E  Y .  259 

'  98.  You  are  to  take  care,  that  all  writs  be  issued 

*  in  our  name  throughout  our  said  province. 

'  99.  Forasmuch  as  gmit  inconveniencies  may  arise 
'  1)\  tin-  liberty  of'  printing  in  our  said  province,  you 
1  an-  to  provide  by  all  necessary  orders,  that  no  person 
'  keep  any  pn-ss  for  printing,  nor  that  any  book,  pam- 
'  phlet  or  other  matters  whatsoever  be  printed  without 
'  your  especial  leave  and  license  first  obtained. 

'  100.  And  if  any  thing  shall  happen  that  may  be 
4  of  advantage  and  security  to  our  said  province,  which 

*  is  not  herein,  or  by  our  commission  to  you  provided 
'  for,   we  do  hereby  allow  unto  you,  with   the  advice 
'and   consent  of  our  council   of  our  said  province,  to 
1  take  order  for  the  present  therein,  giving  unto  us  by 
4  one  of  our  principal  secretary's  of  state,  and  to  our 
"  e,  munitioners  for  trad?  and  plantations,  speedy  notice 
c  thereof,   that  so  you   may  receive   our   ratification  if 
'  we  shall  approve  of  the  same. 

'101.  PROVIDED   ALWAYS,  that    you    do    not    by 

*  any  ml  our  of  any  power  or  authority  hereby  given 
'yon,  commence  or   declare   war,  without  our   know- 
'  ledge  and  particular  commands  therein,  except  it  be 

•  against 

The  following  instruction  relates  also  to  the  council,  and  bears 
<Iate  in  tin-  same  year. 

N  K  K. 

it   trusty  and   well  beloved,  we  greet  you  well:    Whereas 

re  M-n<ihU-  that  effectual  care  ought  to  be  taken  to  oblige  the 

^member*  of  our  council  to  a  due  attendance  therein,  in  order  to 

.prevent    the    many   inconveniencies   that    may  happen    from    the 

j  u:mt  ot  a  quorum  of  the  council  to  transact  business  as  occasions 

require;   it  is  our  will  and    pleasure,  that   if  anv  of  the  members 

•of  our  said  council  -\rM  hereafter  wilfully  absent  themselves  when 

duly  summoned,  without  a  just  and  lawful  cause,  and  shall   persist 

( therein    alter    admonition,    you    suspend    the   said    councellors  so 

^•ii'Tiiting  themselves  till  our  further  pleasure  be  known,  giving 

|  us  timely   notice  thereof;    and   we    hereby    will   and   require  you 

thai  our  royal  pleasure  be  signified  to  the  several  members  of  our 

^  Council  iu  New-Jeney,  and  that  it  be  entered  in  the  council  books 

ol  our  -aid  province  as  a  standing  rule;    so   we   bid   you   farewel. 

n  at  our  court   of  Ken>in<cton,  the  twentieth  day  of  Novem- 

1  • «», ,  in  the  the  sixth  year  of  our  reign. 

By  her  majesty's  command, 

SUNDKRLAND.' 


260  T  H  E    HISTORY 

^70?'  '  against  Indians,  upon  emergencies,  wherein  the  con- 
'sent  of  our  council  shall  be  had,  and  speedy  notice 
'  given  thereof  unto  us  as  aforesaid. 

'  102.  And  you  are  upon  all  occasions  to  send  unto 
'  us  by  one  of  our  principal  secretary's  of  state,  and 
'  to  our  commissioners  for  trade  and  plantations,  a 
'  particular  account  of  all  your  proceedings,  and  of 
'  the  condition  of  affairs  within  your  government. 

103.  And  whereas  the  lords  spiritual  and  temporal 
1  in  parliament,  upon  consideration  of  the  great  abuses 
'practised  in  the  plantation  trade,  did  by  an  humble 
1  address,  represent  to  his  late  majesty,  the  great  impor- 
'  tance  it  is  of,  both  to  this  our  kingdom  and  to  our  plan- 
'  tations  in  America,  that  the  many  good  laws  which 
<  have  been  made  foe  the  government  of  the  said  planta- 
tions, and  particularly  ihe  act  passed  in  the  seventh 
'  and  eighth  years  of  his  said  majesty's  reign,  entitled, 
1  An  act  for  preventing  frauds,  and  regulating  abuses  in 
'  the  plantation  trade,  be  strictly  observed.  You  are 
'  therefore  to  take  notice,  that  whereas  notwithstanding 
'  the  many  good  laws  made  from  time  to  time,  for  pre- 
'  venting  frauds  in  the  plantation  trade,  it  is  nevertheless 
1  manifest,  that  very  great  abuses  have  been  and  con- 
1  tinue  still  to  be  practised  to  the  prejudice  of  the  same, 
'  which  abuses  must  needs  arise,  either  from  the  insol- 
'  vency  of  the  persons  who  are  accepted  for  the  security 
1  or  from  the  remissness  or  connivance  of  such  as  have 
1  been,  or  are  governors  in  the  several  plantations,  who 
'  ought  to  take  care,  that  those  persons  who  give  bond 
1  should  be  duly  prosecuted,  in  case  of  non  perform- 
'  ance ;  we  take  the  good  of  our  plantations  and  the 
1  improvement  of  the  trade  thereof,,  by  a  strict  and 
1  punctual  observance  of  the  several  laws  in  force  con- 
1  cerning  the  same,  to  be  of  so  great  importance  to 
'  the  benefit  of  this  our  kingdom,  and  to  the  advancing 
'  of  the  duties  of  our  customs  here,,  that  if  we  shall 
*  be  hereafter  informed,  that  at  any  time  there  shall  be 
1  any  failure  in  the  due  observance  of  those  laws,  within 
'  our  foresaid  province  of  Nova-Ceesaria,  or  New  Jersey, 
1  by  any  wilful  fault  or  neglect  on  your  part,,  we  shall 

'look 


O  F    N  E  \V  -  J  E  R  8  E  Y .  261 

4  look  upon  it  as  a  breach  of  the  trust  reposed  in  you        A.  D. 

*by  us,  which   \ve  shall   punish  with   the  loss  of  your         1702< 

'  place  in  that  "•ovrrninent,  and  such  further  marks  of 

'  mir  displeasure,  as  \vc  shall  judge   reasonable  to  be 

*  inflicted   upon  you,  for  your  offence  against  us,  in  a 

'  matter  of  this  consequence,  that  we  now  so  particu- 

( larly  charge  you  with/ 


CHAP.     XIV. 

Observations  on  Lord  Cornbury's  instructions,  and  the 
privileges  originally  granted  to  the  settlers,  with 
abstracts  of  some  of  them. 

'  T  is  apparent,  "from  the  whole  tenor  of  the  Observa- 
±  application  from  the  proprietors,  that  they  had  tlon8* 
constantly  in  view  the  reservation  of  the  principal  privi- 
-  they  enjoyed ;  and  that  their  meaning  was  only  to 
part  with  the  powers  of  government ;  accordingly  in  the 
instrument  of  surrender,  nothing  appears  to  be  resigned 
but  ///<-.sr;  their  endeavours  therefore  to  stipulate  ex- 
pressly  for  a  fresh  confirmation  of  particular  privileges, 
semis  to  have  been  owing  to  an  unnecessary  diffidence; 
they  were  however  so  far  indulged,  that  a  draught  of  the 
i<>n-oinLr  commission  and  instructions  was  prepared 
mid  >he\vn  to  them  for  their  acquiescence,  conformable 
to  what  the  Lords  of  trade  in  their  representation  of 
(Mnl,,;-  'J,  1701,  had  proposed.*. 

HI.  After  the  lords  commissioners  for  trade  and 
plantations  had  prepared  a  draught  of  the  commission 
and  instructions  lor  a  new  governor,  they  referred  it 
to  sir  Thomas  Lane,  and  the  proprietors,  in  the  words 
foliowiii 

'Sir 

^  \<\n  wlix  numb.  xiii. 


262  THE    HISTORY 

A.  D.  <  Sir,  Whitehall,  November  14,  1701. 

'I  am  commanded  by  the  lords  commissioners  for 
1  trade  and  foreign  plantations,,  to  send  you  the  inclosed 
'  draught  of  a  commission  and  instructions  for  a  gover- 
'  nor  for  his  majesty's  province  of  New- Jersey,  pre- 
'  pared  by  order  of  their  excellencies  the  lords  justices, 
'  that  you  may  communicate  the  same  to  the  pro- 
'  prietors  of  both  the  divisions  of  East  New-Jersey,  and 
'  West  New-Jersey,  for  their  observation  thereupon ; 
'  which  their  lordships  desire  may  be  made  and  returned 

*  to  them  with  all  convenient  speed,  in  order  to  such 
'further  proceedings  as  shall    be  found   necessary,  for 

*  the  settling  that  province  in  a  due  form  of  government. 

i  I  am,  sir,  your  most  humble  servant, 

WILLIAM  POPPLE. 
i  To  sir  Thomas  Lane,  Knight  and  Alderman'. 

§  III.  The  report  of  the  lords  of  trade  to  king  Wil- 
liam!/- upon  the  same  occasion,  not  long  before  the  sur- 
render, was  conceived  in  the  terms  following. 

'  To  the  King's  most  excellent  majesty. 
'  May  it  please  your  majesty,. 

'  Having  been  directed  by  their  excellencies  the  lords- 
'justices,  upon  a  representation,  which  we  humbly  laid 
'  before  them,  concerning  the  disorders  in  your 
'  majesty's  provinces  of  East  and  West  New-Jersey,  in 
'  America;  to  prepare  draughts  of  a  commission  and 
1  instructions  for  a  governor  to  be  sent  thither  by  your 
'  majesty,  and  to  consult  therein  the  proprietors  of  those 

*  provinces,  in  order  to  the  surrender  of  their  pretended 
'  right  to  the  government  of  the  same :  We  humbly 
'  lay  before  your  majesty  the  draughts  which  we  have 
'  prepared  accordingly,   with  such  clauses  as   we  con- 
'  ceive  proper,  to  enable  the  governor,  for  whose  name 
'  we  have  left  a  blank,,  to  proceed  in  settling  a  govern- 

'  ment 

y.  King  William  died  between  this  and  the  surrender,  having 
(its  said)  first  nominated  Jord  Cornbury,  governor  of  New- York 
and  New- Jersey,  on  account  of  the  services  of  his  father ;  who  was 
among  the  first  officers  that  after  his  landing  at  Torbay,  came  over 
to  him  with  his  regiment. 


OF    NEW-JERSEY.  263 

'  ment    in    that   country,  conformable,  (as  near  as  the        A-  ^ 
'circumstances  of  the   inhabitants  will   permit)  to  the 
'  met  hod    of    government,    settled    by    your    majesty's 

*  respective  commissioners  in  your  other  American  plan- 

*  tat  ions;    ;ind  withal  to  prevent  the  interfering  of  that 
'  colonv   with    the  interest  of  those  other  plantations: 

*  \\e  have  al-o  in  pursuance  of  their  excellencies  direc- 
4  tions,  communicated   the  said  draughts  to  sir  Thomas 

*  Lane,  and   others,  the  principal   proprietors  of  West 
'  NYw- Jersey,    and    to    Mr.    William    Dockwra,  secre- 
'  tary,-    and   others,  the    principal    proprietors  or  East 
'  Xew-Jer-ey  ;    in   behalf    of    themselves,  and  the  rest 

*  of  the   proprietors   of   both   those   divisions;    which 
1  draughts    they  have   unanimously  approved  ;   and   in 
'  confidence  that  your  majesty  will  be  graciously  pleased 
k  accordingly  to  constitute  a  governor,  over  those  coun- 
'  tries,  they  have  declared  themselves  willing  and  ready 
fto  -urrender  all    their  right,  or  pretence  of   right  to 
'government,     which     they    have     hitherto     claimed; 
4  whereupon  we  humbly  request  to  your  majesty,  that 
'the   reducing    these    colonies    to  an   orderly  form    of 
'government,    under  a  governor    constituted    by  your 
'  majesty's    immediate    commission,    will    be   of    great 
4  service  to  your  majesty,  in   preventing  illegal    trade, 
'  ami  the  harbouring  of   pirates,  and  will  be  of  good 
'influence    throughout  the  other  plantations;    and    we 
<  humbly  oiler,  that  mr.  attorney  general    be   directed 
'  forthwith  to  prepare  a  form  of  a  surrender  of  their 
'said    right,    or    pretence    of    right    to    government, 
4  which    may  be    most   effectual    to    the  extinguishing 
'  their  said  pretensions,  and  present  the  same  to  your 
4  majcMv. 

•  And  whereas  they  have  desired,  that  the  first  gover- 
'  nor  to  be  thus  appointed  by  your  majesty,  may  be  a 

'  person 

z.  Contriver  of  the  penny-post,  in  the  city  of  London:  Old- 
mixnn.  HMJH,  IH-  .rot  his  information  of  New-Jersey  from  him; 
that  he,  in  ilu-  name  of  the  Proprietors  of  East-Jersev,  and  sir 
ThoiiKis  I,;mr  .w|,o  had  purchased  the  best  part  of  Dr.  Cox e's  share 
•  1  pr..pntMyi  on  In-half  of  West-Jersey,  waited  on  the  queen,  and 
made  a  formal  surrender  oj  the  sovereignty  ;  reserving  all  their  rights. 


264  THE    HISTORY 

A.  D.  <  person  fitly  qualified  for  that  service ;  but  cannot 
'agree  in  the  recommendation  of  any  particular  person: 
'  We  humbly  propose,  that  when  the  surrender  shall  be 
'  made,  your  majesty  would  be  pleased  to  nominate 
'some  person  wholly  unconcerned  in  the  factions,  which 
'have  divided  the  inhabitants  of  those  parts,  all  which 
'nevertheless  is  most  humbly  submitted. 

'  Whitehall,       )       Wnr  Blathwayt,     Ph.  Meadows, 

>     John  Pollexson,      Abr.  Hill. 
Jan.  6th.  1701-2.  |     ^^  Mat  Prior.' 

§  IV.  In  a  memorial  hereafter  inserted a-  of  the 
proprietors  of  West-Jersey,  to  the  lords  commissioners 
of  trade  and  plantations,  against  lord  Corn  bury,  signed 
by  sir  Thomas  Lane,  and  other  6.  proprietors,  who 
signed  the  surrender ;  we  find  them  recapitulating 
several  matters,  and  asserting  that  they  were  part  of  the 
terms  of  their  surrender,  and  placed  as  such  among 
others  in  the  instructions. 

And  by  the  assembly's  remonstrance,  in  1707,  it 
appears,  they  'thought  their  privileges  more  secure 
than  some  of,  their  neighbours/  and  fully  depended  on 
being  protected  in  the  enjoyment  of  them. 

§  V.  Among  the  instructions  to  lord  Cornbury  are  to 
be  found,  the  principal  matters  the  proprietors  pointed 
out  as  what  they  desir'd  to  have  reserved,  the  articles 
9,  14,  15,  16,  36,  37,  38,  45,  51,  52,  53,  86, 
87,  bear  evident  marks  that  they  were  of  this  number ; 
these  and  such  of  the  others  as  reserve  or  reinforce  the 
particular  privileges  of  the  proprietors  and  inhabitants 
of  New-Jersey,  were  doubtless  adopted  and  continued, 
in  consequence  of  their  application  and  the  original 
grants. 

§  VI.  If  the  instructions  to  all  the  succeeding  gover- 
nors are  copied  from  those  to  lord  Cornbury,  as  it  is 

generally 

a.  Chap,  xviii. 

6.  Every  one  of  the  signers  of  this,  Robert  Burrow  and  William 
Snelling  excepted,  had  signed  the  instrument  of  surrender. 


O  F     X  E  W  -  J  E  R  S  E  Y .  265 

generally  understood;  such  of  them  as  differ  from  what        A.  D. 
la  common  to  other  plantation  governors,  were  intended         1702* 
to  he  at  the  time  of  the  surrender,  and  which  the  fore- 
going sections  seem  to  confirm,  it  is  a  farther  evidence 
tli.it  they  are  esteemed,  as  to  the  matter  of  them,  rights 
and  privileges  belonging  to  the  inhabitants  of  New- 
Jersey  ;  and  that  it  has  been  and  is  the  intention  of  the 
crown  to  continue  them  as  such. 

§  VII.  There  does  not  appear  to  have  been  any  design 
to  abridge  the  privileges  before  enjoyed,  nor  could  it 
perhaps  be  legally  effected,  by  any  of  the  steps  taken 
before  or  in  the  surrender;  for  many  of  the  settlers, 
though  they  were  actually  proprietors,  do  not  seem  to 
have  been  parties  to  the  surrender,  either  by  themselves 
or  any  legally  constituted  body  for  them,  except  it 
may  l>e  supposed,  their  approving  the  thing  without 
joining  in  any  one  public  act  to  effect  it,  made  them  so. 

§  VIII.  The  proprietors  who  signed  the  instrument  of 
surrender,  considered  as  to  the  shares  of  propriety  they 
held,  might  be  thought  of  importance  enough  to  be 
denominated  the  whole,  in  barely  giving  up  the  govern- 
nient ;  because  they  had  not  conveyed  that :  But  it  no 
whore  appears,  that  they  had  any  legal  power  to  repre- 
sent the  settlers  in  general,  in  matters  wherein  they  had 
admitted  them  to  share  in  their  property,  whether  of 
land  or  privilege,  and  as  to  numbers,  were  but  a  small 
part  of  the  proprietors,  and  a  very  small  part  of  the 
settlers. 

§  IX.  Every  wltlcr  who  complied  with  the  terms  of 
settlement  publiekly  established,  as  well  as  the  purchaser, 
he  mi:  entitled  to  the  privileges  purchased  or  settled 
under:  it  could  n,,t  be  lawful,  that  the  act  of  any  fellow 
proprietor  to  the  last,  or  landlord  to  the  other,  should 
deprive  them  of  what,  by  the  original  frame  and  consti- 
tutions of  the  country,  or  particular  agreements,  they 

had 


266  THE  HISTORY 

A.  D.  had  a  share  in ;  and  had  been  the  principal  inducement 
of  their  removing  hither  to  settle. 

§  X.  That  the  civil  and  religious  privileges  subor- 
dinate to,  and  derived  from,  but  not  connected  with 
the  powers  of  government,  were  the  principal  induce- 
ment of  many  of  the  settlers,  to  leave  good  habitations 
and  remove  hither,  none  acquainted  with  the  state  of 
things  in  the  original  settlement  can  doubt. 

§  XI.  If  therefore  every  purchaser  and  settler  had  a 
right  to  and  property  in  the  privileges  conveyed  to 
them,  and  if  the  ideas  of  property  in  British  subjects 
are  the  same  in  the  colonies  as  in  the  mother  country  ; 
according  to  these,  nothing  but  their  own  act  by  them- 
selves as  individuals,  or  as  some  way  represented  in 
legislation  or  otherwise,  could  deprive  them  of  it ;  any 
thing  less  would  imply  an  absurdity  in  the  term. 

§  XII.  That  they  had  a  right,  will  evidently  appear 
by  the  following  short  view  of  the  premises ;  first,  by 
right  of  discovery  it  became  vested  in  the  crown ;  by 
the  crown  it  was  granted  to  the  duke  of  York ;  by  the 
duke  to  lord  Berkeley  and  sir  G.  Carteret,  so  to  the 
purchasers  immediately  under  them,  and  thence  indivi- 
dually to  every  freeholder,  with  the  right  of  the 
natives  purchased  and  amply  confirmed  to  them  ;  hence 
it  is,  if  these  conveyances  were  good,  that  every  free- 
holder must  have  a  clear  incontestable  right  to  his 
freehold,  and  consequently  to  every  privilege  conveyed 
with  it,  as  far  as  these  grants  will  warrant. 

§  XIII.  In  another  view  the  case  may  be  stated  thus ; 
the  proprietors  said  to  the  people,  if  you  will  buy  this 
land,  you  and  your  posterity  forever  shall  have  these 
privileges ;  for  the  first  you  have  our  hand  and  seal ; 
for  the  other  our  publick  declarations  and  concessions 
solemnly  ratified  under  our  hands,  recorded  in  the  pub- 
lic offices ;  and  for  a  more  compleat  security,  most  of 

them 


OF    NEW-JERSEY.  267 

them  also  confirmed  by  laws  in  the  same  manner  as  the  A.  p. 
title  and  right  to  location  of  many  of  the  lands  are 
founded;  hence  a  conclusion  seems  to  follow,  that  the 
privileges  became  a  part  of  the  purchase,  and  that 
the  proprietors  in  the  sale  of  their  lands,,  received  a 
consideration  for  them ;  and  if  so,  to  their  birth-right 
as  British  subjects  must  be  superadded  the  right  of  pur- 
ohase. 

§  XIV.  It  may  possibly  be  objected  as  to  West- Jersey, 
that  the  proprietors  sold  or  conveyed  the  government 
to  Dr.  Coxe,  and  he  again  conveyed  it  to  several  of 
those  who  were  parties  to  the  surrender;  supposing  this 
to  be  true,  it  concludes  nothing  in  the  present  case;  the 
question  is  not  as  to  government,  but  privilege  in 
other  respects ;  to  bring  that  into  the  argument  it  must 
be  proved,  first,  that  the  proprietors  generally  concur- 
red in  the  sale;  secondly ^  that  they  had  power  to  sell 
again  that  proportion  which  had  before  been  conveyed 
to  others ;  thirdly,  that  the  act  of  surrender  in  any  respect 
affects  it;  lastly,  that  the  proprietors  of  the  Massachu- 
setts, Pennsylvania,  or  any  other  charter  government, 
may  or  could  by  their  own  act  barely,  resign  so  as  to 
annul  or  destroy  what  their  predecessors  or  they  have 
conveyed  and  confirmed  to  the  people;  till  this  is  done,  • 
the  other,  for  similar  reasons,  must  be  supposed  impos- 
sible: Equally  inconclusive  must  be  any  argument  here 
as  to  right  of  conquest  from  what  happened  in  1673; 
if  the  treaty  of  Westminster  had  not  restored  things 
to  their  original  footing,  the  last  grants,  and  laws  in 
consequence  of  them,  confirming  former  privileges, 
and  nearly  the  whole  mutter  relating  to  West-Jersey, 
bear  date  since. 

§  XV.  To  argue,  that  because  there  is  no  express 
clause  in  the  instrument,  by  which  the  government  was 
surrendered,    reserving   the   people's    privileges;    that 
therefore  they  were  not  reserved;  would  be  just  as  rea- 
sonable 


268  THEHISTOEY 

A.  D.  sonable  as  to  argue,  that  because  the  right  to  the  soil 
is  not  there  particularly  reserved,  that  therefore  it  was 
not  reserved  at  all ;  and  yet  it  remains  to  the  possessors 
without  interruption ;  and  the  right  to  every  civil  and 
religious  privilege  not  cancelled  in  the  act  of  resig- 
nation, nor  since  altered  by  law,  being  equally  strong 
as  to  the  forms  of  authenticity  (however  overlooked  or 
forgot  in  occasional  practice)  must  be  supposed  to 
retain  their  original  validity. 

§  XVI.  From  what  has  been  said,  it  seems  to  be  evi- 
dent, that  the  proprietors  who  signed  the  instrument  of 
surrender,  had  it  not  in  their  power,  and  therefore  could 
not  have  intended  ;  nor  if  they  had,  can  the  words  or 
meaning  of  any  thing  they  appear  to  have  transacted, 
be  legally  construed  to  extinguish  any  privilege  before 
derived  from  the  royal  grants,  either  relating  to  liberty 
of  conscience,  or  matters  of  privilege  in  other  cases; 
their  power  of  the  government  only  excepted  ;c.  whether 
this  power  was  ever  in  due  form  of  law  granted  or 
not/-  they  had  enjoyed  it  near  forty  years;  rightly 

or 

c.  See  the  queen's  acceptance:   And  for  the  advantage  of  a  ready 
Tiew,  as  to  the  meaning  of  the  surrender,  let  the  terras  used  in  the 
instrument,  be  here  attended  to,  viz. 

'All  these  the  said  powers  and  authorities,  to  correct,  punish, 
'pardon,  govern,  and  rule  all  or  any  of  her  majesty's  subjects,  or 
'others,  who  now  inhabit,  or  hereafter  shall  adventure  into,  or  in- 
' habit  within  the  said  provinces  of  East-Jersey  and  West  Jersey, 
'or  either  of  them;  and  also  to  nominate,  make,  constitute, 
'ordain,  and  confirm  any  laws,  orders,  ordinances  and  direc- 
'tions,  and  instruments  for  those  purposes,  or  any  of  them;  and 
'to  nominate,  constitute  or  appoint,  revoke,  discharge,  change,  or 
'alter  any  governor  or  governors,  officer  or  niinis-ters,  which  are 
'or  shall  be  appointed,  made  or  used  within  the  said  provinces,  or 
'either  of  them;  and  to  make,  ordain,  and  establish  any  orders, 
'laws,  directions,  instruments,  forms  or  ceremonies  of  govern- 
'  ment  and  magistracy,  for  or  concerning  the  government  of  the 
'provinces  aforesaid,  or  either  of  them  ;  or  on  the  sea  in  going  and 
'coming  to  or  from  thence;  or  to  put  in  execution,  or  abrogate, 
'revoke  or  change  such  as  are  already  made,  for,  or  concerning 
'such  government  or  any  of  them,  &c. 

d.  We  see  the  proprietors  themselves  seem  to  give  into  such  a 
doubt  in  the  instrument  of  surrender. 


OP    NEW-J  ERSEY.  269 

or  even  tolerably  administered,  it  must  undoubtedly  be  A.  D. 
considered  in  the  light  of  a  privilege  to  the  inha- 
bitants in  general  ;  as  having  their  immediate  rulers 
on  the  spot,  ready  to  see  and  redress  grievances,  or 
prevent  the  occasions  of  them  ;  induced  to  it  both  by 
the  strong  ties  of  increasing  profit  to  themselves,  and 
the  good  of  others ;  but  if  we  may  compare  the  latter 
part  of  these  proprietors  administrations  with  the  tran- 
quility  that  has  ensued  for  most  of  the  time  since;  and 
to  this,  add  the  benefits*-  derived  from  royal  attention, 
and  thence  be  allowed  to  form  a  judgment ;  we  shall 
not  perhaps  see  much  cause  to  regret  the  change  of 
situation. 

§  XVII.  What  the  original  privileges  of  the  inha- 
bitants of  New-Jersey  were,  by  the  several  grants  and 
concessions,  and  other  instruments  beforementioned 
and  proprietary  laws,  will  at  large  appear;  some  of 
tlmse  not  immediately  connected  with  government  or 
land  aifairs,  may  be  known  by  the  following  abstracts. 

In  East  and  West-Jersey,  before  the  division. 
1.  No  person  swearing  or  subscribing  allegiance  to 
the  king,  and  faithfulness  to  the  proprietors,  to  be  an1/ 
ways  molested,  punished,  disquieted,  or  called  in 
question,  for  any  difference  in  opinion  or  practice,  in 
matters  of  religious  concernment,  who  did  not  disturb 
the  civil  peace;  but  that  all  such  persons  should  at  all 
times,  freely  and  fully  have  and  enjoy  their  judgments 

and 

e.  An  act  prescribing  the  forms  of  declaration  of  fidelity,  the 
effect  of  the  adjuration  oath,  and  :iflinn;iti<>n,  instead  of  the  forms 
heretofore  required,  tVc.  ( 'nnfinned  nnd  rendered  prrpcliud  by  the  khiy 
in  council,  <>/  .V.  ,/«?/ifx'.s  May  4.  1782.  A  succession  of  l>enefici:il 
piper  money  acts  on  loan,  conjinned,  hut  now  expired.  Another  lor 
nckiiowledgillg  deeds,  and  declaring  how  the  estate  or  right  of  a  feme 
covert  m  iv  he  convey,  d  or  extinguished.  Confirmed  and  rendered 
ptT/nimd  by  the  kinf/  in  council,  at  Keiutinylnn,  August  22,  1740. 
Another  for  ascertaining  the  officers  fees.  ibid,  at  St.  James's, 
November  23>  1749.  <&c. 


270  THE  HISTORY 

A.  p.  and  consciences,  they  behaving  themselves  peaceably 
and  not  using  this  liberty  to  licentiousness.  Concessions 
and  agreements  of  the  proprietors  Carteret  and  Berkeley, 
with  the  adventurers,  Feb.  10,  1664. 

2.  By  legislative  act  to  levy  taxes,  and  not  other- 
wise, and  this  as  should  seem  most  equal  and  easy  for 
the  inhabitants,     ibid. 

3.  By  law  to  provide  for  the  support  of  government. 
ibid. 

4..  That  cattle  ranging  or  grazing  on  lands  not 
appropriated  to  particular  persons,  shall  not  be  deemed 
trespassing,  but  custom  not  to  be  plead  from  hence, 
nor  any,  purposely  to  suffer  their  cattle  to  graze  on 
such  lands,  ibid. 

In  East-Jersey,  after  the  quintipartite  division. 

5.  That  the  courts  of  session  and  assize,  should  be 
established  by  the  governor,  council,  and  representa- 
tives, and  that  appeals  from  thence,  should  be  made 
to  the  governor  and   council,  &c.     Declaration  of  sir 
George  Carteret,  dated  July "31,  1674. 

6.  '  Among  the  present  proprietors,  there  are  several 
'  that  declare  they  have   no  freedom   to  defend  them- 
4 selves  with  arms;  and  others  who  judge  it  their  duty 
4  to  defend  themselves,  their  wives  and  children,  with 
<  arms :  It  is  therefore  agreed  and  consented  to ;    and 
'  they  the  said  proprietors  do,  by  these  presents,  agree 

*  and  consent,  that  they  will  not  in  this  case,  force  each 
'  other  against  their  respective  judgments  and  consci- 
4  ences ;  in  order  w hereunto  it  is  resolved,  that  on  the 
4  one  side,   no   man   that  declares,   he  cannot  for  con- 
( science     sake,    bear     arms,    whether     proprietor,    or 
'(  planter,  shall  be  at  any  time  put  upon  so  doing,  in 
(  his  own  person;  nor  yet  upon  sending  any  to  serve  in 
'  his  stead ;  and  on  the  other  side  those  who  do  judge  it 
4  their  duty  to  bear  arms  for  the  publick  defence,  shall 

*  have  their  liberty  to  do  it  in  a  legal  way/     Fund a- 
4  mental  constitutions  of  East  New- Jersey.  A.  D.  16S3. 

7.  All 


OF    NEW-JERSEY.  271 

7.  All    persons    acknowledging    one   almighty   and 
eternal    God,   and   holding  themselves  obliged  in  con- 
science to  live  quietly  in  civil  society ;   shall  no  way  be 
molested,  or  prejudged  for  their  religious  persuasions 
and  exercise  in  matters  of  faith  and   worship,  nor  be 
compelled   to    frequent    and    maintain   any   place   of 
worship  or  ministry  whatsoever;    but  none  to  be  ad- 
mitted to  places  of  publick  trust,  who  do  not  profess 
faith  in  Christ  Jesus,  and  will  not  solemnly  declare, 
that   he   is   not   obliged    in    conscience,    to   endeavour 
alteration   in   the  government,   nor   does  not  seek   the 
turning  out  of  any  in   it,  or  their  ruin  or  prejudice  in 
person  or  estate,  because  they  are  in  his  opinion  here- 
tieUs,    or   differ    in  *  judgment    from     him;    but    none 
under  the  notion  of  liberty,   by  this  article,  to  avow 
atheism,  irreligiousness,  nor  to  practice  prophaneness, 
murder,  or  any  kind  of  violence ;    or  indulge   them- 
selves   in    stage-plays,    masks,   revells,   or    such    like 
al>u<es.     ibid. 

8.  No  person  to  be  imprisoned  or  deprived  of  his 
five-hold,  free  custom  or  liberty,  to  be  out-lawed,  exiled 
or  any  other  way  destroyed,  nor  be  condemned,  but  by 
lawful  judgment  of  his  peers;   justice  or  right  to  be 
neither   bought  nor  sold,  deferred   or  delayed   to  any 
person  whatsoever;  all  trials  to  be  by  twelve  men,  and 
MS  near  as  may  be,  peers  and  equals,  and  of  the  neigh- 
bourhood, and    without  just   exception;    twenty    four 
to  IK-  returned  by  the  sheriff  as  a  grand  inquest,  twelve 
at  least  to  agree  in  finding  the  complaint  to  be  true; 

"liable  challenges  to  be  admitted  against  the  twelve 
or  peers  who  have  the  final  judgment,  or  any  of  them: 
In  all  courts,  persons  of  all  perswasions  to  appear  in 
their  own  way,  and  according  to  their  own  manner,  and 
plead  their  own  causes,  or  if  unable,  by 

their 


272  THE    HISTORY 

A.  D.        their  friends;  and  no  person  allowed  to  take  money 
for  pleading  or  advice  in  such  cases./-     ibid. 

9.  All  marriages  not  forbidden  in  the  law  of  God 
to  be  esteemed  lawful,  where  the  parents  or  guardians 
being  first  acquainted,  the  marriage  is  publickly  inti- 
mated in  such  places  and  manner  as  is  agreeable  to  men's 
different  persuasions  in  religion,  and  afterwards  solem- 
nized before  creditable  witnesses,  and  duly  registered. 
Ibid. 

10.  All  witnesses  called  to  testify  to  any  matter  or 
thing  in  any  court,  or  before  any  lawful  authority,  to 
deliver  their  evidence  by  solemnly  promising  to  speak 
the  truth,  the  whole  truth  and  nothing  but  the  truth ; 
and  the  punishment  of  falshood  to  be  the  same  as  in  cases 
of  perjury ;    the   like  in  cases  of  forgery ;    and   both 
criminals  to  be  stigmatized.     Ibid. 

11.  Forfeited  estates,  except   for.  treason   or  capital 
crimes,  to  be  redeemed  by  the  nearest  of  kin,  within 
two  months,   by  paying  to  the  publick   treasury,   not 
above   one   hundred    pounds,    nor   under   five   pounds 
sterling.     Ibid. 

In  West-Jersey. 

12.  No  cattle  straying,   ranging  or  grazing  on  any 
unlocated  grounds,  to  subject  their  owners  to  damages, 
but  custom  of  commons  not  to  be  pretended  to,  nor 
any  person  hindered  from  legally  taking  up  any  such 
lands.     Concessions  and  Agreements,  chap.  viii. 

13.  All  taxes  to  be  levied  by  legislative  act.     Ibid. 
chap.  xi. 

14.  As  no  man  or  number  of  men  upon  earth,  have 
power  or  authority  to  rule  over  men's  consciences  in 
religious  matters;  no  person  or  persons  whatsoever,  at 
any  time  or  times  hereafter,  shall  be  any  ways,  upon 

any 

/.  This  last  afterwards  altered  by  an  instruction  to  Basse,  while  he 
exen-ised  the  office  of  governor  in  East  Jersey,  and  fixed  to  be,  that 
none  should  practice  without  license  from  the  governor. 


OF    NEW -JERSEY.  273 

any  pretence  whatsoever,  called  in  question,  or  in  the        A.  D. 

punished  or  hurt  in  person,  estate  or  privilege,  for 
the  sake  of  his  opinion,  judgment,  faith,  or  worship 
towards  God  in  matter  of  religion.  Ibid.  chap.  xvi. 

15.  No  person  to   be  deprived   of  life,    limb,    pro- 
perty, or  any  ways  hurt  in  his  or  their  privileges,  free- 
doms   or    franchises,    upon    any    account    whatsoever, 
without  a  due  trial    and  judgment  passed    by   twelve 
good  and  lawful  men  of  his  neighbourhood  first  had ; 
p  -r-ons  arraigned  allowed  to  except  against  any  of  the 
neighbourhood,    without   rendering   a  reason,    not   ex- 
ceeding thirty-five,  and  with  valid  reasons  against  every 
person  nominated  fur  that  service,     ibid.  chap.  xvii. 

16.  In  all  causes,  *  civil   and   criminal,   proof  to  be 
made  by  the  solemn  and  plain  averment  of  at  least  two 
honest  and  reputable  persons  ;  upon  false  evidence,  the 
party  in  civil  causes  liable  to  the  penalty  due  to  the 
person  or  persons  he  or  they  bear  witness  against;  in 
criminal  causes  to  be  severely  fined,  and  for  the  future 
disabled   from   being  admitted  an   evidence  or  to  any 
public  employment,     ibid.  chap.  xx. 

17.  Persons   preferring    indictments  or  informations 
against  others  for  personal  injuries,  or  matters  criminal 
(treason,   murder  and  felony  excepted  ;)  to  be  masters 
of   their  own  process,    and    have    power    to    remit    or 
forgive  as  well  before  as  after  judgment  and  sentence. 
ibid.  chap.  xxi. 

18.  All  causes,  civil  and  criminal,  to  be  decided  by 
the   verdict  of  twelve  men   of  the   neighbourhood,   to 
be  Minimoned  by  the  sheriff,  and  no  person  compelled 
to  fee  an  attorney  ;  but  to  have  free  liberty  to  plead  his 
own  cause;  and   that  no  person   imprisoned   upon  any 
account  whatsoever,  should  be  obliged  to  pay  any  prison 

ibid.  chap.  :.xii. 

11).  All  jurisdictions  and  their  powers  to  be  estab- 
lished by  legislative  act, 

8  20.  In 


274  THE    HISTORY 

A.  D.  20.  In  courts  of  justice  for  trial  of  causes  civil  or 

criminal,  all  inhabitants  to  come  freely  into,  and  attend 
and  hear  any  such  trials,  'that  justice  may  not  be  done 
'  in  a  corner,  nor  in  any  covert  manner ;  being  intended 
t  and  resolved  by  the  help  of  the  Lord,  and  by  these 

*  our  concessions  and  fundamentals,   that  all  and  every 
4  person  or  persons  inhabiting  the  said  province,  shall, 

*  as  far  as  in  us  lies,  be  free  from  oppression  and  slavery, 
'  ibid.  chap,  xxiii. 

21.  The  proprietors  and  freeholders  to  have  liberty 
to  give  their  representatives  instructions,  and  to  repre- 
sent their  grievances ;    and  any  of  the  electors  upon 
complaint  made  of  failure  of  trust  or  breach  of  cove- 
nant, to  remonstrate  the  same  to  the  Assembly. 

22.  In  every  meeting  of  general  Assembly,  liberty 
of  speech  to  be  allowed ;  and  none  to  be  interrupted 
when  speaking :  All  questions  to  be  stated  with  delibe- 
ration,  and    liberty   for   amendment,   with    power    of 
entering   reasons   of  protest;    and   to  have  the  mem- 
ber's yeas  and  no's  registered :  The  doors  of  the  house 
to  be  set  open ;  and  liberty  given  to  hear  the  debates : 
The  assembly  to  have  power  of  enacting  laws,  provided 
they  be  agreeable  to  the  fundamental  laws  of  England, 
and  not  repugnant  to  the  concessions.   Concessions  afore- 
said.    See  also  the  first  acts  of  Assembly  of  West-Jersey. 


CHAP. 


OF  NEW-JERSEY.  275 


CHAP.    xv. 

Lord  Cornbury  convenes  the  first  general  assembly  after 
the  surrender:  His  speech,  their  address,  and.  other 
proceedings:  Queen  Anne' 's  proclamation  for  ascertain- 
ing the  rate*  of  coin :  Cornbury  dissolves  the  Assembly, 
and  meets  a  new  one  to  his  mind :  Their  proceedings 
and  dissolution :  A  summary  of  the  establishment  and 
practice  of  the  council  of  proprietors  of  West- Jersey : 
AnotJier  assembly  called;  who  remonstrate  the  griev- 
ances of  the  province. 

TH  E  distinction  of  the  two  Provinces  East  and        A.  D. 
West- Jersey,  being  henceforth  as  to  all  matters        1703- 
of  government  laid  aside,  and  both  united  in  one  under 
the  name  of  Nova-Caesaria,  or  New-Jersey;    we  now 
enter  upon  a  more  uniform  method  of  proceeding. 

Contrary  to  the  expectation  of  those  concerned  in 
the  surrender,  we  soon  find  them  jointly  struggling  for 
die  preservation  of  their  privileges  against  the  encroach- 
ments of  a  governor,  who,  if  his  abilities  had  been 
njual  to  his  birth  and  interest,  must  be  allowed  to  have 
i  as  formidable  an  antagonist  in  that  capacity  as 
any  that  have  come  to  the  colonies;  besides  being  the 
son  of  a  family  that  had  merited  highly  in  the  revolu- 
tion, he  was  first  cousin  to  queen  Anne:  With  such  an 
interest  and  a  disposition  to  have  studied  harmony  and 
concord,  instead  of  listening  to  the  votaries  of  faction, 
and  meanly  trumpeting  their  animosities,  he  had  a  fair 
opportunity  of  singular  service  in  restoring  the  public 
qukt,  and  laying  a  foundation  of  prosperity  to  the 
province;  but  that,  afterwards  became  the  business  of 
another. 

Lord  Cornbury  arrived  in  New- Jersey  in  the  month 
called  August,  1703:    Having  published  his  commis- 
sion 


276 


THE    HISTORY 


A.D. 

1703. 
Lord 
Corn bury 
convenes 
the  assein- 

My. 


sion  at  Amboy  and  Burlington,  he  returned  to  his 
government  of  New- York ;  but  soon  came  back  and 
convened  the  general  assembly  to  meet  him  at  Perth- 
Amboy,  the  tenth  of  November.^-  They  chose  Tho- 
mas Gardiner,^-  speaker,  he  was  presented  and  accepted, 
and  then,  conformable  to  the  practice  of  parliament, 
made  a  demand  of  the  particular  privileges  of  assem- 
blies, as  follows : 

1  That  the  members  with  their  servants,  may  be  free 
( from  arrests  or  molestation  during  the  sessions. 

'  That  they  have  free  access  to  your  excellency's 
'  person,  when  occasion  requires. 

1  That  they  may  have  liberty  of  speech,  and  a  favour- 
'  able  construction  of  all  debates  that  may  arise  among 
<  them. 

1  That  if  any  misunderstanding  shall  happen  to  arise 
'  between  the  council  and  this  house,  that  in  such  a 
'  case  a  committee  of  the  council  may  be  appointed  to 
'confer  with  a  committee  of  this  house  for  adjusting 
'  and  reconciling  all  such  differences.  And, 

'  That  these  our  requests  may  be  approved  of  by 
'your  excellency  and  council,  and  entered  in  the 
*  council  books/ 

The  governor,  in  answer  told  them,  he  granted  the 
three  first  as  the  just  and  undoubted  right  of  the  house ; 

but 

g.  The  names  of  the  first  members  of  council  after  the  surrender 
are  in  lord  Cornbury's  instructions.  The  first  representatives  were, 

For  the  eastern  Division. 

Obadiah  Bown,  Jedediah  Allen,  Michael  Howden,  Peter  Van. 
Este,  John  Reid,  John  Harrison,  CorneJius  Tunison,  Richard 
Hartshorne,  col.  Richard  Townly, 

For  the  western  Division. 

Thomas  Lambert,  William  Riddle,  William  Stevenson,  Restore 
Lippinoott,  John  Kay,  John  Hugg,  jun.  Joseph  Cooper,  William 
Hall,  John  Mason,  John  Smith. 

For  the  town  of  Burlington.     Peter  Fretwell,  Thomas  Gardiner. 
City  of  Perth- Amboy.     Thomas  Gordon,  Miles  Forster. 

h.  Son  of  him  whose  death  is  mentioned  before. 


O  F    N  E  W  -  J  E  R  S  E  Y  .  277 

but  rejected  the  fourth  as  an  innovation,  and  accord-        A.  D. 
inii-lv  ordered  an  entry  of  the  same  in  the  council  books  ; 
this  done,  he  made  a  speech  to  the  council  and  general 


'  Gentlemen, 

The  proprietors  of  East  and  West  New-Jersey,  Speech. 
'having  upon  very  mature  consideration,  thought  fit 
'  to  surrender  to  her  most  sacred  majesty  the  great  queen 
'  of  England,  my  mistress,  all  the  powers  of  govern- 
^  ment  which  they  supposed  were  vested  in  them;  the 
'queen  has  been  pleased  to  unite  these  formerly  two 
4  provinces  now  into  one,  under  the  name  of  Nova- 
•'  Gesaria  or  New-Jersey  ;  her  majesty  has  been  pleased 
'graciously  to  honour  me  with  the  trust  of  this 
'government,  and  Juts  commanded  me  to  assure  you 
•'  of  her  protection  upon  all  occasions  ;  and  you  may 
'  assure  yourselves,  that  under  her  auspicious  reign, 
•'you  will  enjoy  all  the  liberty,  happiness  and  satisfac- 
'  tion,  that  good  subjects  can  wish  for;  under  a  most 
'  gracious  queen,  and  the  best  laws  in  the  universe,  I 
'  mean  the  laws  of  England,  which  all  the  world 
'  would  be  glad  to  partake  of,  and  none  are  so  happy 
'  to  enjoy,  but  those  whose  propitious  stars  have  placed 
'  under  the  most  happily  constituted  monarchy  :  I  will 
'  not  question,  but  that  you  on  your  parts,  will  do  all 
'that  can  be  expected  from  faithful  subjects,  both  for 
'  the  satisfaction  of  the  queen,  the  good  and  safety  of 
'your  country;  which  must  be  attended  with  general 
1  satisfaction  to  all  people. 

'  In  order  to  attain  these  good  ends,  I.  must  earnestly 
'  recommend  it  both  to  you,  gentlemen  of  her  majesty's 
'council,  and  you  gentlemen  of  the  assembly,  to 
'apply  yourselves  heartily  and  seriously  to  the  recon- 
'  ciling  the  unhappy  differences  which  have  happened 
'  in  this  province  ;  that  as  the  queen  has  united  the  two 
'  provinces,  so  the  minds  of  all  the  people  may  be 
1  iirmly  united  in  the  service  of  the  queen,  and  good 
'of  the  country;  which  are  all  one,  and  cannot  be 
•'separated  without  danger  of  destroying  both. 

'  Gentlemen 


278  THE    HISTOEY 

A.  D.  <  Gentlemen,  you  are  now  met  in  general  assembly, 

1703.  t  on  plirp0se  to  prepare  such  bills  to  be  passed  into  laws, 
'  to  be  transmitted  into  England  for  her  majesty's 
'approbation,  as  may  best  conduce  to  the  settling  of 
'this  province  upon  a  lasting  foundation  of  happiness 
'and  quiet,  only  I  must  recommend  it  to  you,  that  the 
'  bills  you  shall  think  fit  to  offer,  may  not  be  repugnant 
'  to  the  laws  of  England,  but  as  much  as  may  be, 
'  agreeable  to  them. 

'  I  must  recommend  to  you,  gentlemen,  in  the 
'wording  of  your  Bills,  to  observe  the  stile  of  enacting 
'by  the  governor,  council  and  assembly;  and  likewise, 
'  that  each  different  matter  may  be  enacted  by  a  different 
'  law,  to  avoid  confusion. 

'  In  all  laws  whereby  you  shall  think  fit  to  grant 
'  money,  or  to  impose  any  fines  or  penalties,  express 
'  mention  may  be  made,  that  the  same  is  granted  or 
'  reserved  unto  her  majesty,  her  heirs  or  successors,  for 
'  the  publick  use  of  this  province,  and  the  support  of 
'  the  government  thereof. 

'  Gentlemen,  I  am  farther  commanded  by  the  queen,. 
'to  recommend  it  to  you,  to  raise  and  settle  a  revenue 
'for  defraying  the  necessary  charges  of  the  govern- 
'  ment  of  this  province,  in  order  to  support  the  dignity 
'  of  it. 

'  I  am  likewise  commanded  to  recommend  to  your 
'  care,  the  preparing  one  or  more  bill  or  bills  whereby 
'the  right  and  property  of  the  general  proprietors  to 
'the  soil  of  this  province  may  be  confirmed  to  them, 
'  according  to  their  respective  titles,  together  with  all 
'  quit  rents  and  all  other  privileges  as  are  expressed  in  the 
'  conveyances  made  by  the  duke  of  York  ;  except  only 
'  the  right  of  government,  which  remains  in  the  queen. 

'  Now,  Gentlemen,  I  have  acquainted  you  with  some 
'of  those  things  which  the  king  is  desirous  to  have 
'  done :  I  shall  likewise  acquaint  you,  that  her  majesty 
•  '  has  been  graciously  pleased  to  grant  to  all  her  subjects 
'in  this  province,  (except  papists)  liberty  of  consei- 
'ence.  I  must  further  inform,  you,  that  the  queen 
'  has  commanded  me  not  to  receive  any  present  from 

1  the 


OF    NEW- JERSEY.  279 

the  general  assembly  of  this  province;   and  that  no        A.D. 
person  who  may  succeed  me  in  this  government,  may 
claim  any  present  for  the  future,  I  am  commanded 
to  take  caro,  that  her  majesty's  orders  may  be  entered 
at   large   in    the   council    books,  and   the  books   of 
the  general  assembly. 
*  X<>w,  gentlemen,  I  have  no  more  to  offer  to  you 

•  at  this  time,  only  I  recommend  to  you  dispatch  in  the 
'  matter  before  you,  and    unanimity  in  your  consulta- 
1  dons,  as  that  which  will  always  best  and  most  effectu- 
'  ally  conduce  to  the  good  of  the  whole/ 

The  governor's  speech   being  read  in  the  house,  pro- 
duced the  following  address,  N.  C.  D.  Address. 
'  May  it  please  your  excellency, 

'  I  am  commanded  by  this  house,  to  return  your 
'excellency  our  hearty  thanks  for  your  excellency's 
'  many  kind  expressions  to  them,  contained  in  your 
4  excellency's  speech  ;  and  it  is  our  great  satisfaction, 
1  that  her  majesty  has  been  pleased  to  constitute  your 
'  excellency  our  governor. 

'  We  are  well  assured  the  proprietors,  by  their  surren- 
'  der  of  their  rights  to  the  government  of  this  province, 

*  have  put  us  in    circumstances  much   better  than   we 
'  were  in    under  their  administration,  they  not   being 
'  able  to  protect  us  from  the  villainies  of  wicked  men  ; 
'  and   having  an  entire  dependence  on  her  majesty,  that 
t  she  will  protect  us  in  the  full  enjoyment  of  our  rights, 
'  liberties  and  properties,  do  thank  your  excellency  for 
'  that  assurance  you  are  pleased  to  give  us  of  it,  and 
'  think  our  stars  have  been  very  propitious  in  placing 
'  us  under  the  government  and  direction  of  the  greatest 
'  of  queens,  and  the  best  of  laws  :     And  we  do  entreat 
'your  excellency  to  believe,  that  our  best  endeavours 
'shall  not  be  wanting  to  accomplish  those  things  which 
'  shall  be  for  the  satisfaction  of  the  queen,  the  gene- 
'  ral    good   of   our   country,  and   (if  possible)   to   the 
'  universal  satisfaction  of  all  people  :     With  our  prayers 
'to   the   God   of  Heaven,   we   shall  join    our  utmost 
'endeavours,  to  unite    our  unhappy  differences;    and 

'hope 


280  THE    HISTORY 

A.  D.  '  hope  with  the  assistance  of  your  excellency  and  council 
'it  will  not  be  impossible  to  accomplish  that  blessed 
'  work.  We  shall  follow  the  directions  given  in  your 
'  excellency's  speech,  with  what  dispatch  the  nature  of 
'the  things  require;  and  hope,  that  all  our  consult*- 
v  '  tions  may  conduce  to  the  best  and  greatest  ends. 

(  Memorandum,  that  all  the  members  of  this  house 
'do  agree  to  the  subject  matter  above  written,  tho' 
'  several  of  them  dissent  from  some  of  the  expressions 
'  therein  contained/ 

This  address  presented,  the  assembly,  after  regulat- 
ing elections  complained  of,  prepared  several  bills ; 
but  one  only  received  the  governor's  assent :  This  related 
to  the  purchasing  of  lands  of  the  Indians,  was  pre- 
pared pursuant  to  an  article  in  Cornbury's  instructions, 
and  prohibits  purchases  or  gifts  of  lands  being  made 
Law  re-  or  received  from  the  Indians  without  license  of  the 
Indian8  proprietors,  after  the  1st  December,  1703,  under 
purchases.  penalty  of  forfeiting  forty  shillings  per  acre ;  it  also 
retrospects  and  makes  void  all  Indian  bargains,  gifts, 
leases  or  mortgages,  without  an  English  title,  unless 
covered  with  a  propriety  right  in  six  months  thereafter. 
This  law  is  yet  in  force. 

The  governor  put  an  end  to  this  session,  December 
13,  by  observing  to  the  assembly,  that  the  season  being 
far  advanced,  it  was  absolutely  necessary  to  conclude 
business  :  That  he  wished  the  several  bills  before  him- 
self and  them  could  have  been  dispatched ;  but  that 
the  matters  contained  in  them,  were  of  so  great 
moment,  the  difficulties  so  many,  and  the  time  so 
short,  that  it  was  impossible  to  finish  :  That  being  now 
acquainted  with  the  nature  of  those  difficulties,  they 
should  come  prepared  in  the  spring  to  remove  them,  and 
provide  such  good  laws  as  might  effectually  ascertain  the 
rights  of  the  several  proprietors,  and  fully  secure  every 
man's  property.  These  being  the  points  which  would 
most  conduce  to  the  peace  and  welfare  of  the  colony, 

recommended 


OF    NEW-JERSEY.  281 

recommended  the  council  and  assembly  to  employ  their  A^  D. 
serious  thoughts,  that  the  most  effectual  means  to 
attain  those  desirable  ends  might  be  discovered,  and  to 
point  out  other  useful  laws,  and  concludes  with  obser- 
ving, that  thev  would  ever  find  him  ready  to  consent  to 
all  such  things  as  should  be  for  the  good  of  the  whole. 

In  1704,  great  inconveniencias  were  found,  by  the 
same  coin  bearing  different  values  in  the  provinces  on  Coin, 
the  continent ;  to  remedy  this  by  one  general  medium, 
queen  Anne  published  her  proclamation  for  ascertaining 
the  value  of  foreign  coin  in  America;  which  seems  to 
claim  a  place  here. 

'By  the  QUEEN. 
'  A  proclamation  for  settling  and  ascertaining  the  cur-    Proclama- 

'  rent  rates  of  foreign  coins  in  her  majesty's  colonies  tlon* 

1  and  plantations  in  America. 

'  WE  having  had  under  our  consideration  the  cliffer- 
'ent  rates  at  which  the  same  species  of  foreign  coins  do 
'  pass  in  our  several  colonies  and  plantations  in  Ame- 
1  rica,  and  the  inconveniencies  thereof,  by  the  indirect 
'  practice  of  drawing  the  money  from  one  plantation 
'  to  another,  to  the  great  prejudice  of  the  trade  of  our 
'subjects;  and  being  sensible,  that  the  same  cannot  be 
'  otherwise  remedied,  than  by  reducing  of  all  foreign 
'•coins  to  the  same  current  rate  within  all  our  doraini- 
'  on>  in  America;  and  the  principal  officers  of  our 
'  mint  having  laid  before  us  a  table  of  the  value  of  the 
'several  foreign  coins  which  usually  pass  in  payments 
'in  our  said  plantations,  according  to  the  weight  and 
'  the  as-ays  made  of  them  in  our  mint,  thereby  shewing 
'  the  just  proportion  which  each  coin  ought  to  have  to 
'the  other;  which  is  as  followeth,  viz.  Sevill  pieces 
'of  eight,  old  plate,  seventeen  penny  weight,  twelve 
'  grains,  four  shillings  and  six  pence;  Sevill  pieces  of 
'eight,  new  plate,  fourteen  penny-weight,  three  shil- 
'  lings  and  seven  pence  one  farthing  ;  Mexico  pieces 
'of  eight,  seventeen  penny-weight  twelve  grains,  four 
'shillings  and  six  pence  ;  pillar  pieces  of  eight,  seven- 
'  teen  penny-weight  twelve  grains,  four  shillings  and 

'six 


282  THE    HISTORY 

A.  D.  (  six  pence  three  .farthings ;  Peru  pieces  of  eight,  old 
1704.  t  piaf6j  seventeen  penny-weight  twelve  grains,  four 
'  shillings  and  five  pence  or  thereabouts  ;  cross  dollars, 
'eighteen  penny-weight,  four  shillings  and  four  pence 
'three  farthings;  ducatoons  of  Flanders,  twenty  pen- 
'  ny-weight  and  twenty-one  grains,  five  shillings  and 
'  six  pence  ;  can's  of  France  or  silver  Lewis,  seventeen 
'  penny-weight  twelve  grains,  four  shillings  and  six 
'pence;  crusadoes  of  Portugal,  eleven  penny-weight 
'four  grains,  two  shillings  and  ten  pence  one  farthing  ; 
'  the  silver  pieces  of  Holland,  twelve  penny-weight 
'and  seven  grains,  five  shilling  and  two  pence  one 
'farthing;  old  rix  dollars  of  the  empire,  eighteen 
'  penny-weight  and  ten  grains,  four  shillings  and  six 
'  pence ;  the  half,  quarters  and  other  parts  in  proportion 
'  to  their  denominations  ;  and  light  pieces  in  proportion 
'to  their  weight:  We  have  therefore  thought  fit,  for 
'remedying  the  said  inconveniencies,  by  the  advice  of 
'  our  council,  to  publish  and  declare,  that  from  and 
'  after  the  first  day  of  January  next  ensuing  the  date 
'  hereof,  no  Sevill,  pillar,  or  Mexico  pieces  of  eight, 
'  though  of  the  full  weight  of  seventeen  penny- weight 
'  and  a  half,  shall  be  accounted,  received,  taken  or 
'  paid,  within  any  of  our  said  colonies  or  plantations, 
'  as  well  those  under  proprietors  and  charters,  as  under 
'  our  immediate  commission  and  government,  at  above 
'  the  rate  of  six  shillings  per  piece,  current  money, 
'  for  the  discharge  of  any  contracts  or  bargains  to  be 
'  made  after  the  said  first  day  of  January  next ;  the 
'  halves,  quarters,  and  other  lesser  pieces  of  the  same 
'  coins,  to  be  accounted,  received,  taken,  or  paid  in 
'  the  same  proportion ;  and  the  currency  of  all  pieces 
'of  eight  of  Peru,  dollars  and  other  foreign  species 
'  of  silver  coins,  whether  of  the  same  or  baser  alloy, 
'  shall  after  the  said  first  day  of  January  next,  stand 
'  regulated,  according  to  their  weight  and  fineness, 
'  according  and  in  proportion  to  the  rate  before  limited 
'  and  set  for  the  pieces  of  Sevill,  pillar  and  Mexico ;  so 
'that  no  foreign  silver  coin  of  any  sort,  be  permitted 
*  to  exceed  the  same  proportion  upon  any  account  what- 

'  soever. 


OF    NEW- JERSEY.  283 

'  soever.     And  we  do  hereby  require  and  command  all        A.  D. 
'our     governors,     lieutenant     governors,     magistrates,         170"** 
'officers,  and    all    other  our  good  subjects,  within  our 
'  saul  colonies  and  plantations,  to  observe  and  obey  our 
'directions    herein,    as    they    tender    our    displeasure: 
'Given  at  our  castle  at  Windsor,  the  eighteenth  day 
'of  June,  1704,  in  the  third  year  of  our  reign/ 

Cornbury  met  the  assembly  at  Burlington  the  7th  of 
September,  and  recommended  the  preparing  a  bill  to  Assembly 
ascertain  the  rights  of  the  general  proprietors  to  the  a 
soil  of  the  province,  to  settle  a  fund  for  support  of 
government;  and  a  French  privateer  having  committed 
depredations  on  the  settlers  about  Sandy  Hook,  he 
thence  took  occasion  to  press  for  a  law  to  establish  a 
militia,  and  fix  a  watch  house  on  the  Navesink  hills. 
The  house  took  the  matters  into  consideration  :  It  does 
not  appear  but  they  intended  to  make  such  provision 
on  those  occasions,  as  suited  the  circumstances  of  the 
province,  yet  their  proceedings  on  the  whole,  were 
not  to  his  mind  ;  on  the  28th  therefore,  he  abruptly 
sent  for  and  dissolved  them,  and  issued  writs  for  a  new 
election,  to  meet  at  Burlington  the  13th  of  November  Dissolved, 
following:  This  election  was  industriously  managed, 
and  a  majority  of  members  procured  to  his  mind  ;  they 
met  at  the  time,  and  being  divided  in  the  choice  of  a 
speaker,  Peter  Fretwell  and  John  Bowne,  candidates, 
and  the  votes  equal,  they  called  upon  their  clerk, 
(William  Anderson,)  to  give  the  casting  vote,  which 
he  did  for  Fretwell,  who  was  accordingly  placed  in  the 
chair;**  then  receiving  the  speech,  they  by  an  address 
complimented  Cornbury,  with  going  through  the  affairs 

of 

t.  The  members  of  this  assembly  were, 

For  the  Eastern  division. 

John  Bown.  Richard  II-irtshortie,  Rirhnrd  Salter,  Obadiah  Down, 
Anthony  \Vooil\vinl,  John  Tunixon,  John  Lawrence,  Jasper  Crane, 
Petex  VUIHSU-,  Thomas  Gordon,  John  Barclay,  John  Royse. 

For 


284  THE    HISTORY 

A.  D.  of  government  f  with  great  diligence  and  exquisite 
*  management,  to  the  admiration  of  his  friends,  and 
'  envy  of  his  enemies ; '  and  passed  a  bill  to  raise  two 
thousand  pounds*-  per  annum,  by  tax,  for  support  of 
government,  to  continue  two  years. 

Several  other  laws  were  passed  this  session,  and 
amongst  them  one  for  establishing  a  militia,  by  the 
unnecessary  severity  of  which,  those  conscientiously 
scrupulous  of  bearing  arms  in  many  parts  were  great 
sufferers. 

On  the  12th  of  December,  the  governor  adjourned 
them  till  next  year,  with  more  encomiums  on  their 
conduct,  than  many  of  them  got  from  their  constitu- 
ents on  their  return  home ;  during  this  whole  session, 
they  had  tamely  suffered  the  arbitrary  practices  of 
Cornbury,  to  deprive  them  of  three  of  their  most  sub- 
stantial members,  Thomas  Gardiner,  Thomas  Lam- 
bert and  Joshua  Wright,  under  pretence  of  their  not 
owning  land  enough  to  qualify  them  to  sit  there,  tho' 
they  were  known  to  be  men  of  sufficient  estates ;  and 
the  same  assembly  at  their  next  meeting  at  Amboy,  in 
1705,  themselves  declare,  l  the  members  had  hereto- 
'  fore  satisfied  the  house  of  their  being  duly  qualified 
'  to  sit  in  the  same;'  and  they  were  then  admitted,  when 
the  purposes  of  their  exclusion  were  answered  :  This 

1705.  sitting  was  in  October  and  November,  but  produced 
nothing  of  much  consequence ;  the  session  which  fol- 
lowed at  the  same  place  in  October,  1706,  likewise 
proved  unsuccessful ;  and  now  Cornbury  again  dissolved 

the  assembly, 

In 

For  the  Western  division. 

Restore  Lippincott,  John  Filing,  John  Kay,  John  Smith,  Wil- 
liam Hall,  John  Mason,  Thomas  Bryan,  Robert  Wheeler,  Peter 
Fretwell,  Thomas  Lambert,  Thomas  Gardiner,  Joshua  Wright. 

k.  The  lieutenant  governor  Ingoldsby  received  /.  600  out  of  this 


OF    NEW-JERSEY.  285 

In  the  llth  month  this  year,  the  council  of  proprie- 
tors for  the  western  division,  met  according  to  their 
usual  practice;  present,  William  Biddle,  president,  Dissolved. 
Samuel  Jenings,  George  Deacon,  John  Wills,  Wil- 
liam Hall,  Christopher  Wetherill  and  John  Kay;  to 
this  council  Cornbury  sent  an  order  to  resolve  him  in 
certain  points  proposed  to  them,  which  for  some  rea- 
sons, were  at  present  delayed ;  but  in  the  spring  next  1707. 
year,  he  sent  for  the  council  of  proprietors  to  attend 
him  in  council  at  Burlington,  and  there  proposed  sun- 
dry questions  on  the  same  subject,  demanding  a  catego- 
rical answer  to  each ;  they  soon  resolved  him  by  send- 
ing/«  a  summary  of  their  constitution  and  establishment 
as  follows ; 

'  The  answer  delivered  to  the  governors  three  questions, 
'  delivered  to  him  by  the  council  of  proprietors. 

'  WHEREAS  our  governor  the  lord  Cornbury,  was    Summary 
'pleased  at  our  attending  on   him  in  council,  the  thir-  <>f  West- 
'  teenth  day  of  this  instant  May,  to  require  answers  to  C("^i  Of 
'  three  questions,  viz.  who  was  the  council  of  propri-  proprie- 
'  etors  the  last  year;  and  who  are  chosen  for  this  year 
'  1707,  and   to   have  the  names  of  them?    the  second 
'  is,  what  arc  the  powers  the  said   council  pretend  to 
'have?  the  third,  by  whom  constituted? 

(  And  in  obedience  thereto,  we  being  part  of  the 
'trustees,  or  agents  commonly  called  the  council  of 
'proprietors,  are  willing  to  give  all  the  satisfaction  we 
'are  able,  in  humble  answer  to  his  lordships  requirings, 
'  viz. 

1  First,  the  persons  chosen  for  the  last  year  to  serve 
'the  proprietors  as  agents  or  trustees,  were  William 

'Biddle, 

/.  It  was  delivered  to  Cornbnry  in  council,  the  30th,  the  pro- 
prietors then  pre-enl,  were,  Sirnuel  Jenings,  William  Hall,  Tho- 
ma-i  Gardiner,  John  Wills,  John  Kay,  Christopher  Wetherill  and 
hcwis  Morris;  wi'h  the  answer  they  d'elivervd  to  the  governor  and 
council,  two  papers  containing  the  names  of  several  of  the  proprie- 
tors, declaring  their  approbation  of  the  council,  and  one  Indian 
deed. 


286  THE    HISTORY 

A.  D.  *  Biddle,  Samuel  Jenings,  George  Deacon,  John  Wills, 
1707'  'and  Christopher  "VVetherill,  for  the  county  of  Bnr- 
'  lington ;  and  John  Reading,  Francis  Col  lings,  John 
'  Kay  and  William  Hall,  of  Salem,  for  the  county  of 
'Gloucester,  and  below;  and  for  this  present  year 
'  1707,  William  Biddle,  Samuel  Jenings,  Lewis 
'  Morris,  George  Deacon,  John  Wills,  John  Kay, 
'  John  Reading,  Thomas  Gardiner  and  William  Hall 
'  of  Salem. 

'  2.  In  the  year  1677,  the  first  ship  that  came  here 
'  from  England,  which  brought  the  first  inhabitants 
'  that  came  to  settle  in  these  remote  parts,  by  virtue  of 
'  By  Hinge's  right,  before  she  sail'd  the  proprietors  being 
'  met  together  at  London,  thought  it  advisable  to  settle 
'  some  certain  method  how  the  purchasers  of  land  from 
'  Byllinge,  <&c.  should  have  their  just  rights  laid  forth 
'  to  them,  concluded  on  a  number  of  persons,  viz. 
'  Joseph  Helmsly,  William  Emly,  John  Penford, 
'  Benjamin  Scott,  Daniel  Wills,  Thomas  Olive  and 
'  Robert  Stacy,  as  should  be  called  commissioners,  and 
'  they  were  first  impowered  to  purchase  what  land  they 
f  could  from  the  Indians,  and  then  to  inspect  all  rights, 
'  as  any  lands  were  claimed,  and  when  satisfied  therein, 
'  to  order  the  laying  it  out  accordingly ;  which  com- 
'  missioners  when  arrived  here,  did  forthwith  make 
'several  purchases  of  land,  and  acted  as  aforesaid,  for 
'some  time,  till  some  of  them  being  not  longer  able 
4  to  struggle  with  such  hunger,  and  many  otlier  great 
'  hardships  as  were  then  met  withal,  returnM  again  for 
'  England ;  so  for  preventing  confusion  among  the 
'  people,  the  assembly  took  the  trouble  of  it  on  them ; 
'this  continued  in  practice  till  about  the  year  1687; 
4  then  the  assembly  having  much  other  business,  and 
'  being  not  able  to  spend  their  time  and  money  abroad, 
'  would  not  longer  be  troubled  with  that  business,  as 
'  was  wholly  belonging  to  the  proprietors,  and  so  threw 
*  it  out  of  the  house,  and  told  the  proprietors  they 
'  might  choose  a  convenient  number  of  persons  of 
'themselves,  to  transact  their  own  business:  Accord  - 
4  iugly  the  14th  day  of  February,  the  same  year,  the 

'  proprietors 


OF    NEW-JERSEY.  287 

'  proprietors   met  at   Burlington,   and  then  and  there        A.  D. 
'  chose  and  elected  eleven  persons  of  themselves,  to  act         1707. 
'  for  the  whole,  for  the  next  ensuing  year;  but  then 
'  finding  that  so  many  and  at  such  distances  being  hard 
4  to   be  got  together,   they  next  year   chose    but  nine, 
'  and   accordingly  signed  instruments  for  the  confirm- 
'  inj,-    that    constitution,    of   which    his    lordship   has  a 
\  ;  and  the  same  methods    have  been    every  year 
'  since  practised  to  this  present  year  1707;  and  in  all 

*  this  time  no  inconveniences  hath  arisen  from  it,  but 
4  on  the  contrary,  much  ease  and  advantage  to  the  pro- 
t  prietors ;    as   by  a  further  declaration  of  many  other 
*of  the  proprietors  under  their  hands,  is  ready  to  be 

*  ]) roved. 

*  Xo\v  as  to  the  powers  of  those  as  are  now  and 
4  have  all  along  been,  they  are  the  same  with  the 
'  first  that  came  over Trom  England  in  the  year  1677; 
'  that  is  to  say,  to  purchase  land  of  the  Indians,  with 

*  the   consent   and   advice   of    the   said    proprietors   as 
'  chose  them,  and  to  inspect  the  rights  of  every  man 
'  a<  shall  claim  any  land,  so  that  the  same  may  be  sur- 
4  veyed  to  him  or  them  ;  and   for  the  more  easy  and 
4  speedy   settling  of  the  province,  commissioners   have 
'  been  appointed  in  each  county,  to  inspect  all  rights  as 
'aforesaid;  the  said  agents,  trustees  or  council,  also  to 
'  choose  a  recorder,  a  surveyor  general  and  rangers  in 
'  «•  tdi    county,    to    range   for   the    benefit   of    the   said 
'  uvnrrul  proprietors,  and  to  appoint  persons  to  prevent 
1  the  wasting  and  destroying  of  the  proprietors  timber, 
'  upon  their  unsurveyed  lands,  &c. 

'  The    proprietors    residing    in     England,    have    had 

'  knowledge   of   a   committee  of    the   agents   or   trus- 

-   of  the   proprietors    here,   who    were    to   act    and 

'  negotiate   their    affairs    by    their   agents,    from    time 

'to  time,  acting  in  conjunction  with  them,  as  Adlord 

I>;>;id,    John    Tatham,    agents    to    doctor    Coxe ;    and 

'whiMi  Jeremiah   Ba89  was  agent,   he    acted  with   them 

:    after   him,   when  our    late  governor   Hamilton 

made  agent,   he  acled  as  one   of  the  said   agents, 

*  trustees  or  council  for  several  years,  and  was  president 

'of 


288 


A.  p.  <  of  the  same  ;  and  now  Lewis  Morris  as  agent  to  the 
'society,  is  one  of  the  said  trustees  or  council;  and 
'  not  only  the  agents  of  the  agents  of  the  proprietors 
'  at  home,  but  any  proprietor  now  hath,  and  have  had 

*  liberty,  to  come  and  meet  with  the  said  agents,  tru- 
(  stees  or  council,  when  he  or  they  pleased. 

'  Lastly,  as  to  the  constitution  of  the  said  agents,. 
'  trustees  or  committee,  and  by  whom  constituted  ;  it 
'  is  on  certain  days  in  the  county  of  Burlington  and 
'  Gloucester,  yearly  and  every  year,  they  are  chosen 
f  by  the  proprietors  :  The  above  is  as  good  an  account 
'  as  we  that  are  present  are  able  to  give,  in  answer  to 

*  what  was  required  of  us  by  his  lordship,  and  pray  it 
'  may  find  acceptance  as  such;  but  if  any  further  thing 
'  may  seem  needful  to  be  answered,  we  humbly  pray 
1  it  may  for  this  time  be  suspended^  till  the  whole  can 
'  be  got  together/ 

The  writs  for  a  new  assembly  were  returnable  to 
Burlington,  the  5th  of  April,  1707.  In  this  Assembly 
it  soon  appeared,  Cornbury  had  not  the  success  in, 
elections  as  in  the  last  choice;  his  conduct  was  arbi- 
trary, and  the  people  dissatisfied  ;  the  assembly  chose 
Samuel  Jenings,  speaker,'",  received  the  governor's 
speech,  and  soon  after  resolved  into  a  committee  of  the 
whole  house  to  consider  grievances;  this  committee 
continued  sitting  from  day  to  day,  till  at  length  they 
agreed  upon  fifteen  resolves,  and  by  petition  to  the 
queen  laid  them  before  her,  on  the  8th  of  the  month 
called  May,  they  also  remonstrated  their  grievances 
to  the  governor,  as  follows  : 

May 


m.  The  members  now  were, 

For  the  Eastern  division. 

John  Harrison,  Lewis  Morris,  Elisha  Parker,  Thomas  Farmer, 
Jasper  Crane,  Daniel  Price,  John  Bown,  William  Lawrence.  Wil- 
liam Morris.  Enoch  Mackelson,  John  Royce,  Thomas  Gordon. 

For  the  Western  division. 

Peter  Canson,  William  H-ill,  Richard  Johnson,  John  Thomson, 
Bartholomew  Wyatt,  John  Wills,  Thomas  Bryan,  SamuelJenings, 
Thomas  Gardiner,  John  Kay,  Philip  Rawle. 


O  F    N  E  W  -  J  E  R  S  E  Y .  289 

'  May  it  please  the  governor,  " 

4  \Vi:,  In -r  majesty's  loyal  subjects,  the  representatives 
'of  the  province  of  New-Jersey,  are  heartily  sorry, 
'  that  instead  of  raising  such  a  revenue  as  is  by  the 
'  governor  (as  we  suppose  by  the  queen's  directions) 
'  required  of  us,  we  are  obliged  to  lay  before  him  the 
'unhappy  circumstances  of  this  province:  it  is  a  talk 
4  we  undertake  not  of  choice,  but  necessity,  and  have 
i  therefore  reason  to  hope,  that  what  we  say  may  meet 
4  with  a  more  favourable  reception. 

'  \\  e  prav  the  governor  to  be  assured,  it  is  our  mis- 
4  fortune  extorts  this  procedure  from  us,  and  that  we 
4  should  betray  the  trust  reposed  in  us  by  our  country, 
'did  we  not  endeavour  to  obtain  relief. 

'  The  governor  encourages  us  to  hope  he  will  not  be 
4  deaf  to  our  entreaties,  nor  by  his  denial  render  our 
'  attempts  for  the  best*ends  fruitless. 

4  We  may  not  perchance  rightly  apprehend  all  the 
4  causes  of  our  sufferings,  but  have  reason  to  think 
4  some  of  them  are  very  much  owing  to  the  governor's 
'  long  absence  from  this  province,  which  renders  it 
'  very  difficult  to  apply  to  him  in  some  cases  which 
k  may  need  a  present  help. 

4  It  were  to  be  wished  the  affairs  of  New- York 
4  would  admit  the  governor  oftener  to  attend  those  of 
4  New-Jersey,  he  had  not  then  been  unacquainted  with 
'our  grievances;  and  we  are  inclined  to  believe  they 
4  would  not  have  grown  to  so  great  a  number. 

'It  is  therefore,  in  the  first  place,  humbly  presented 
*"  to  the  governor's  consideration,  that  some  persons 
4  under  >entence  of  death  for  murder,  have  not  only 
'  remained  till  this  time  unexecuted,  (they  being  con- 
4  demned  not  long  after  lord  Cornbury's  accession  to 
'ihi<  -ovcrnment)  but  often  have  been  suffered  to  go 
'at  large;  it's  possible  the  governor  has  not  been 
'  informed,  that  one  of  those  persons  is  a  woman  who 
'murdered  her  own  child;  another  of  them  a  woman 
'  who  poisoned  her  husband:  The  keeping  of  them  so 
4  Ion-  ha>  been  a  very  great  charge,  and  how  far  it's  a 
4  reflection  on  the  publick  administration,  to  suffer  such 

T  '  wretches 


290  T  H  E  ,  H  I  S  T  O  R  Y 

A.  B.        f  wretches  to  pass  with  impunity,  we  dare  not  say ;  but 
'  sure  the  blood  of  those  innocents  cries  aloud  for  ven- 

*  geance,  and  just  Heaven  will  not  fail  to  pour  it  down 
'  upon  our  already  miserable  country,  if  they  are  not 
'  made  to  suffer  according  to  their  demerits. 

*  Secondly,  we  think  it  a  great  hardship,  that  persons 
'accused  fox*  any  crime,  should  be  obliged  to  pay  court 
'  fees,  notwithstanding  the  jury  have  not  found  the 
'  bill  against  them ;  they  are  men  generally  chose  out 
'  of  the  neighbourhood,  and  should  be  the  most  sub- 
'  stantial  inhabitants,  who  cannot  well  be  supposed  to 
'  be  ignorant  of  the  character  of  the  person  accused, 

<  nor  want  as  good  information  as  may  be  had ;  when 
'  therefore  they  do  not  find  the  bill,  it  is  very  reasonable 

*  to  suppose   the   accused  person   innocent,  and  conse- 

<  quently   no  fees   due  from   him ;  we  pray   therefore, 
'that  the  governor  will  give  his  assent  to  an  act  of 
'  assembly  to  prevent  the  like  for  the  future ;  otherwise 
'  no  person  can  be  safe  from  the  practices  of  designing 
'  men,  or  the  wicked  effects  of  a  vindictive  temper. 

'  Thirdly,  the  only  office  for  probate  of  wills  being 
'  in  Burlington,  it  must  be  very  expensive  and  incon- 
'  venient  for  persons  who  live  remote  to  attend  it,  espe- 
'  cially  for  the  whole  Eastern  division ;  we  therefore 
1  pray  the  governor  will  assent  to  an  act  to  settle  such 
'  an  office  in  each  county,  or  at  least  in  each  division  of 
'  this  province,  and  that  the  officers  be  men  of  good 
'  estates,  and  known  integrity  in  the  said  county  or  divi- 
'  sion. 

1  Fourthly,  that  the  secretary's  office  is  not  also  kept 
'  at  Amboy,  but  that  all  the  Eastern  division  are  forced 

*  to  come  to  Burlington,  that  have  any  business  at  said 
'  office,   is  a  grievance    which    we   hope   the  governor 
(  will  take  care  to  redress ;  it  seeming  inconsistent  with 

*  the  present  constitution  of  government  established  by 
'  the  queen,  which  doth  not  admit  one  of  the  divisions 
'  of  this  province  to  enjoy   more   privileges   than    the 
'  other ;  we  therefore  entreat  the  governor  not  to  take 
'  it  amiss,  that  we  desire  his  assent  to  an  act  to  be  pass'd 
'  to  oblige  the  secretary  to  keep  the  office  at  both  places. 

Fifthly, 


OF    NEW-JERSEY.  291 

*  Fifthly,  the  granting  of  patents  to  cart  goods  on        A.  D. 
'the   road   from  Burlington  to  Amboy,  for  a  certain        1707. 
'  number   of  years,  and  prohibiting  others,   we  think 
'  to  be  ;i  grievance  that  is  contrary  to  the  statute  21  Jac. 

*  1.  c.  3.  against  monopolies;    and  being  so,  we  doubt 

*  not,  will  easily  induce  the  governor  to  assent  to  an  act 
'  to  prevent  all  such  grants  for  the  future  ;  they  being 

*  d"<tnictive  to  that  freedom  which  trade  and  commerce 
1  ought  to  have. 

'  Sixthly,  the  establishing  fees  by  any  other  power 
'  or  authority  than  by  the  governor,  council  and  repre- 
'sontatives  met  in  general  asssembly,  we  take  to  be  a 
i  iri'eat  grievance,  directly  repugnant  to  Magna 
'Charta,  and  contrary  to  the  queen's  express  instruc- 

*  tions    in    the    governor's    instructions,    which    says, 
"  You  are  to  take  care,  that  no   man's  life,  member, 
"  freehold   or   goods,  be   taken    away    or    harmed    in 
"  our    province,    under    your    government,    otherwise 
"  than  by  established  and  known  laws,  not  repugnant  to, 
'*  but  as  near  as  much  as  may  be,  agreeable  to  the  laws 
"  of  England  ; "    we  therefore  pray,  that  the  governor 

*  will  assent  to  an  act  to  be  pass'd  to  settle  fees ;  without 
f  which   we  think  no  more  can   be   legally  demanded, 
'  than    the    persons    concerned    by    agreement    oblige 
'  themselves  to  pay. 

Seventhly,  the  governor  putting  the  former  publick 

*  records  of  the  Eastern  division  of  this  province  into  the 
'  hands  of  Peter  Sonmans,  pretended  agent  to  the  propri- 
'  etors,  one  that  does  not  reside  in  the  province,  nor  has 

*  not  gi  ven  security  for  the  well  and  true  keeping  of  them, 

*  as  is  by  the  queen  directed,  and  kept  them  so  that  her 
'  majesty's  subjects  cannot  have  recourse  to  them;  and 

*  their  being  carried  out  of  the  division,  is  a  great  and 

!i;r  grievance:  They  are  the  only  evidences  that 
'  on«-  half  of  this  province  has  to  prove  the  titles  to  their 
'  estate-,  and  this  house  is  humbly  of  opinion,  they 
f  ought  to  be  so  kept,  that  persons  inav  have  recourse  to 

*  them  ;  and  in  the  hands  of  such  of  whose  fidelity  there 
'  i>  no  reason  to  doubt ;  this  being  a  thing  so  reasonable, 

*  encourages  us  to  request  the  governor  to  assent  to  an 

'act 


292  THE    HISTORY 

A.  D.  (  act  to  be  passed  to  put  them  in  proper  hands  for  the 
1707.  t  future>  that  the  country  may  not  be  under  the  same 
1  disappointments  they  now  are. 

'  These,  governor,  are  some  of  the  grievances  this 
( province  complains  of,  and  which  their  representa- 
'  tives  desire  may  be  redressed  ;  but  there  are  others  of  a 
1  higher  nature,  and  attended  with  worse  consequences ; 
'.they  cannot  be  just  to  the  governor,  themselves,  or 
'  their  country,  should  they  conceal  them :  We  did 
'  expect  when  the  government  of  the  Jersies  was  surren- 
'  dered,  to  feel  the  benign  influences  of  the  queen's  mild 
'  government,  under  her  more  immediate  administra- 
'  tion,  and  to  be  protected  in  the  full  enjoyment 
'  of  our  liberties  and  properties,  the  last  of  which  we 
'  thought  ourselves  something  more  secure  in  than  some 
'  of  the  neighbouring  plantations;  and  had  an  entire 
'  depcndance  that  her  majesty's  royal  bounty  and  good- 
f  ness,  would  never  be  wanting  to  make  us  easy  and 
'  happy,  even  beyond  our  wishes :  It  is  our  misfortune, 
1  that  we  must  say,  the  success  has  not  answered  the 
'  expectation,  and  the  queen's  subjects  here  have  felt 
'  the  reverse  of  what  they  had  most  reason  to  hope ;  that 
'  greatest  and  best  of  princes  is,  without  all  perad- 
1  venture,  ignorant  of  our  pressures,  or  we  had  long 
1  since  had  relief;  she  is  too  good  to  continue  even  the 
1  deserved  sufferings  of  the  miserable,  and  has  more  of 
-'  Heaven  in  her  than  to  hear  the  cry  of  those  that  groan 
'  under  oppression,  and  the  unkind  effects  of  mistaken 
'  power,  to  whom  we  owe  our  miseries ;  and  what  they 
'  are,  the  sequel  shews. 

'  In  the  first  place,  the  governor  has  prohibited  the 
'  proprietors  agents,  commonly  called  the  council  of 
1  proprietors,  from  granting  any  warrants  for  taking 
1  up  of  land  in  the  Western  division  of  this  province : 
'  We  cannot  see  by  what  law  or  reason  any  man's  pro- 
'  perty  can  be  disposed  of  by  the  governor  without  his 
'  consent :  The  proprietors  when  they  surrendered  their 
'  government,  did  not  part  with  their  soil,  and  may 
*  manage  it  as  they  think  fit,  and  are  not  to  take  direc- 
'  tions  from  any  person  whatsoever,  how  and  when  to 

'do 


O  F    N  E  W  -  J  E  R  S  E  Y .  293 

'•do  it}  if  anv  persons  concerned  be  grieved,  the  laws  A.  D. 
'  are  open,  l>v  which  disputes  in  property  are  decided;  1-07. 
'and  he  douhtlcss  will  not  be  left  remediless.  We  are 

*  very  sorry  the  governor  gives  us  occasion  to  say,  it  is 
'  a  irn-at  encroachment  on  the  proprietors  liberties;    but 
'we  are   not   suprised  at  it,  when  a  greater  encroach- 
'  tnent  on  our  liberties  lead  the  way  to  it,  and  that  was 
1  the  governor's  refusing  to  swear  or  attest  three  mem- 
'  bers  of  the  last  assembly  upon  the  groundless  sugge- 
'stions  of  Thomas  Revel  and  Daniel  Leeds,  two  mem- 
'  bers  of  the  queen's  council,  by  which  they  were  kept 

*  out  of  the  assembly:    We  are  too  sensibly  touch 'd  with 
'  that   procedure,  not  to  know  what  must  be  the  una- 
'  voidable  consequences  of  a  governor's  refusing  to  swear 
'  which  of  the  members  of  an  assembly  he  thinks  fit; 
'  but  to   take   upon  himself  the  power  of  judging  of 
'the  qualifications  01  assembly-men,  and  to  keep  them 
'  out  of  the  house  (as  the  governor  did   the   aforesaid 
'  three  members  nigh  eleven  months  till  he  was  satis- 
'  tied  in  that  point)  after  the  house  had  declared  them 
'  qualified  ;    is  so  great  a  violation  of  the  liberties  of 
'  the  people,  so  great  a  breach   of  the  privileges  of  the 
'  hou-r  of  representatives,  so  much  assuming  to  him- 
'  self  a  negative  voice  to  the  freeholders   election   of 
1  their  representatives,  that  the  governor  is  entreated  to 
'  pardon    us,  if  this  is  a  different  treatment  from  what 
'  we  expected  :     It  is  not  the  eifects  of  passionate  heats, 
'the     transports     of     vindictive     tempers;      but     the 
'scrimis  n •sciitmertts  of  a  house  of  representatives,  for 
'  a  notorious  violation  of  the  liberties  of  the  people,  to 
'  whom   they  could  not  be  just,  nor  answer  the  trust 
'  reposed     in     them,    should    they   decline    letting    the 
'governor  know  they  are  extremely  dissatisfied    at  so 
'unkind   a  treatment,  especially  when    its   causes   and 
'  effects  conspire  to  render  it  so  disagreeable. 

'  It  is  notoriously  known,  that  many  considerable 
'sums  of  money  have  been  raised  to  procure  the  disso- 
'  lution  of  the  liist  assembly,  to  get  clear  of  the  pro- 
'prietors  <|uit-renK  and  to  obtain  such  officers  as  the 
'contributors  should  approve  of ;  this  house  has  great 

'reason 


294  THE    HISTORY 

4~0?*  '  reason  to  believe,  the  money  so  gathered  was  given  to 
170<.  <  lord  Cornbury,  and  did  induce  him  to  dissolve  the 
'  then  assembly,  and  by  his  own  authority  keep  three 
'  members  out  of  the  next  assembly,  and  put  so  many 
'  mean  and  mercenary  men  into  office ;  by  which  cor- 
'rupt  practice,  men  of  the  best  estates  are  severely 
'  harrassed,  her  majesty's  good  subjects  in  this  province 
'  so  impoverished,  that  they  are  not  able  to  give  that 
'support  to  her  majesty's  government  as  is  desired, 
'  or  as  they  would  be  otherwise  inclined  to  do  ;  and  we 
'  cannot  but  be  very  uneasy  when  we  find  by  these  new 
'methods  of  government,  our  liberties  and  properties 
'so  much  shaken,  that  no  man  can  say  he  is  master  of 
'  either,  but  holds  them  as  tenant  by  courtesy  and  at 
'  will,  and  may  be  stript  of  them  at  pleasure  :  Liberty 
'  is  too  valuable  a  thing  to  be  easily  parted  with,  and 
'  when  such  mean  inducements  procure  such  violent 
'endeavours  to  tear  it  from  us,  we  must  take  leave  to 
'say,  they  have  neither  heads,  hearts,  nor  souls,  that 
'  are  not  moved  with  the  miseries  of  their  country,  and 
'  are  not  forward  with  their  utmost  power  lawfully  to- 
'  redress  them. 

'  We  conclude,  by  advising  the  governor  to  consider 
'  what  it  is  that  principally  engages  the  affections  of  a 
'people,  and  he  will  find  no  other  artifice  needful  than 
'  to  let  them  be  unmolested  in  the  enjoyment  of  what 
'  belongs  to  them  of  right ;  and  a  wise  man  that  despises 
'  not  his  own  happiness,  will  earnestly  labour. to  regain 
'  their  love. 

By  order  of  the  house, 

'  Samuel  Jenings,  speaker/ 

By  this  remonstrance  may  be  seen  much  of  the 
history  of  the  'times,  and  that  tho'  things  were  carried 
to  arbitrary  lengths,  there  were  not  wanting  in  the  pro- 
vince, men  of  discernment  to  see  and  lament  the  un- 
happy situation  of  their  country,  and  of  spirit  to 
oppose  it's  greatest  enemies ;  several  such  were  in  this 

'  assembly 


O  F    N  E  W  -  J  E  E,  S  E  Y  .  295 

assembly,  the  speaker  in  particular,**,  had  very  early  A.  D. 
known  New-Jersey,  had  lived  thro'  many  changes 
and  commotions,  to  see  great  alterations  in  it;  much 
concerned  in  publick  transactions,  he  knew  what 
belonged  to  a  public  character;  he  had  governed 
the  western  part  of  the  Province  for  several  years, 
with  integrity  and  reputation ;  saw  the  advantages 
of  a  just  confidence,  and  that  it  could  not  be  acquired 
another  way ;  that  though  the  office  was  in  itself  re- 
spectable, it  was  the  honest  execution '  of  it  according 
to  it's  dignity,  that  produced  the  intended  service,  and 
s  vi  i  red  the  approbation  of  a  kind  but  watchful 
mistress;  for  such  queen  Anne  was  accounted  to  her 
governors.  Jenings  "was  also  undaunted,  and  lord 
Cornbury  on  his  part,  exacted  the  utmost  decorum; 
while  as  speaker  he  was  delivering  the  remonstrance, 
the  latter  frequently  interrupted  him  with  a  stop,  what's 
tliat,  &c.  at  the  same  time  putting  on  a  countenance 
of  authority  and  sternness,  with  intention  to  confound 
him;  with  due  submission,  yet  firmness,  whenever 
interrupted,  he  calmly  desired  leave  to  read  the  passages 
over  again,  mid  did  it  with  an  additional  emphasis  upon 
those  most  complaining ;  so  that  on  the  second  reading 
they  became  more  observable  than  before  ;<>•  he  at 
length  got  through;  when  the  governor  told  the 
house,  to  attend  him  again  on  Saturday  next,  at  II 
o'clock,  to  receive  his  answer ;  he  did  not  get  ready  till 
the  twelfth,  when  sending  for  the  house,  he  delivered 
his  answer. 

n.  Lewis  Morris,  also  now  distinguished  himself  with  great  acti- 
vity in  behali  of  privilege  and  hud  a  large  share  in  the  whole 
conduct  i>t  thin  Mtemblj  ;  of  him  more  hereafter. 

o.  After  the  house  wa<  gone,  Cornbnry  with  some  emotion,  told 
those  with  him,  that  Jenings  had  impudence  enough  to  face  the  D-l. 


CHAP. 


296 


THE    HISTORY 


A.D. 
1707. 


CHAP.    XVI. 

Lord  Cornbury's  answer  to  the  assembly's  remonstrance. 

'  Gentlemen, 

/"~\N  thursday  last  I  received  a  paper  from  you, 
V — )  which  you  call  a  remonstrance ;  I  then  told  you, 
it  was  of  an  extraordinary  nature,  and  contained  many 
particulars,  which  tho'  they  lay  open  enough  to  receive 
an  immediate  answer,  yet  because  I  would  not  put  it 
in  your  power  to  say  I  had  given  you  a  rash  inconside- 
rate  answer,  I  would  make  no  return  to  it  till  the 
Saturday  following,  at  which  time  I  sent  you  word  by 
the  secretary,  that  I  should  not  expect  your  attendance 
till  this  day.  I  shall  not  take  notice  of  any  thing  in 
your  preamble,  but  the  two  last  clauses  of  it ;  in  the 
first  of  which  you  say,  that  you  have  reason  to  think 
that  some  of  your  sufferings  are  owing  to  the  gover- 
nor's  long  absence  from  this  province,  which  renders 
it  very  difficult  to  apply  to  him  in  some  cases  that 
may  need  a  present  help :  This  is  so  far  from  being 
true,  that  besides  my  being  twice  in  this  province 
every  year,  and  have  never  staid  less  than  a  Month, 
some  times  six  weeks,  or  more,  the  post  goes  every 
week  to  New- York,  by  which  I  may  be  easily  in- 
formed  of  any  emergency ;  moreover  the  lieutenant 
governor,  colonel  Ingoldsby,  resides  constantly  in 
this  province,  and  would  certainly  have  done  right  to 
any  persons  that  would  have  complained  to  him; 
which  makes  this  allegation  very  frivolous. 

'  In  the  next  clause  you  say,  that  it  were  to  be  wished 
that  the  affairs  of  New1  York  would  admit  the 
governor  oftener  to  attend  those  of  New-Jersey.  The 
affairs  of  New-York  have  never  hindred  the  gover- 
nor  from  attending  those  of  New-Jersey,  whenever 
it  has  been  requisite ;  and  I  can  safely  say,  I  don't 
know  of  any  grievances  this  province  labours  under, 
except  it  be  the  having  a  certain  number  of  people 

'in 


O  F     N  E  \V  -  J  E  K  S  E  V  .  297 

'  in  it,  who  will  never  be  faithful  to,  nor  live  quietly  A.  D. 
1  under  any  government,  nor  suffer  their  neighbours  1707> 
1  to  enjoy  any  peace,  quiet  or  happiness,  if  they  can 

<  help 'it. 

'I  now  begin  with  your  articles. 
'  Two  women   that  have    been  condemned  for  mur- 
'  dering,  have  not  been  executed,  there  having  appeared 

*  im»st  notorious   malice  and   revenge   in    some  people, 
'who   were   xealons   in   these  prosecutions;    the  queen 

*  is   the  fountain    of  honour,  justice  and  mercy;    and 

*  as  >lx-  is  so,  she  may  when  she  pleases,  exert  her  mer- 
'  ey,  cither  in   reprieving  or   pardoning  any  criminal: 
1  That    power   of  pardoning  and   reprieving  after  con- 
1  demnation,  the  subjects   of  this   province,  her  majesty 
1  ha-  been    pleased   to  intrust    me   with;  and   I  am  no 
'  ways  accountable  to  any  person   or  number  of  persons 
4  whatsoever,  for  what*I  do  in  those  matters,  but  to  the 
1  queen's  majesty  alone. 

•  As  for   what  you  say,  with   relation  to  the  appre- 

*  hensions   you   have,  that   just  heaven  will   not  fail   to 
'  pour   down    vengeance    upon   your  already   miserable 
'  country,    if  these   criminals  are  not    made    to    suffer 
'according    to  their  demerits:    I  am   of  opinion,  that 
'  nothing    has   hindered    the   vengeance  of  just  heaven 
'  from    falling    upon    this   province    long  ago,   but   the 
'  infinite  mercy,  goodness,   long  suffering,  and  forbear- 
'  ance    of   almighty    God,    who    has    been    abundantly 
1  provoked  by  the  repeated  crying  sins  of  a  perverse 
'generation    among    us,    and    more   especially    by    the 
'dangerous  and  abominable  doctrines  and  the  wicked 
'lives  and   practices  of  a   number  of  people;   some  of 
'whom    under  the   pretended  name  of  christians,  have 
'  dared  to  deny  the  very  essence  and  being  of  the  saviour 
'  of  the  world  :    It  is  a  strange  thing,  that  such  an  assein- 
'  blv  of  men  as  the  representatives  of  the  people  of  this 
1  province  are  or  ought  to  be,  should  complain  of  any 
'thing   under  the   name   of  hardship,   before  they   had 
'  informed  themselves  whether  the  thing  they  had  a  mind 
'to  complain  of,  were  really   a  hardship  or  not:  This 
'  plainly  i>  your  ca.-e  at  this  time;  for  if  you  had  asked 

any 


298  THE    HIS  T  O  11  Y 

A.  B.        <  any   man,  that  knows  any  thing  of  the  practice  of 

*  the   law   in    England,   you    would    have  found,  that 
'if  any  proceedings  had  been  carried  on  against  any 
'  persons    supposed    to    be   guilty,    they   have   always 
'  paid  the  court  fees,   notwithstanding  the  grand  jury 
'  have  not  found  the  bill ;   and   this   is  so   known   a 
'  practice,  that  it  is  not  to  be  disputed ;  but  when  men 
'will   intermeddle   with,   or   pretend    to   things  which 
'they    neither     know    nor     understand,,  they    cannot 
'fail  of  misguiding  themselves,  and  misleading  those 
'  that  have  a  mind  to  be  guided  by  them. 

'  Indeed,  if  juries  in  this  country  were  as  they  ought 
'to  be,  the  supposition  might  in  some  measure  be 
'  allowed ;  but  we  find  by  woful  experience,  that  there 
'  are  many  men  who  have  been  admitted  to  serve  upon 
'  grand  and  petty  juries,  who  have  convinced  the  world 

*  that  they  have  no  regard  for  the  oaths  they  take,  espe- 
'  cially  among  a  sort  of  people,  who  under  a  pretence 
'  of  conscience,  refuse  to  take  an  oath ;  and  yet  many 
'  of  them  under  the  cloak  of  a  very  solemn  affirmation, 
'  dare  to  commit  the  greatest  enormities,  especially  if 
'  it  be  to  serve  a  friend,  as  they  call  him ;  and  these  are 
'the  designing  men,    and   the  vindictive  tempers,   of 
'  which  all  the  queen's  good  subjects  ought  to  beware, 

*  and  be  protected  from ;  and  these  are  the  crying  sins 
'  which  will  undoubtedly  draw  down  the  vengeance  of 
'just   heaven   upon  this  province  and  people,   if  not 
'  timely  and  seriously  repented  of. 

'  If  I  could  persuade  myself  to  wonder  at  any  of  the 
'enormities  contained  in  this  remonstrance,  (and 
'  which  I  would  do  if  it  came  from  any  other  men)  it 
'  should  be  at  this ;  because  no  reasonable  man  can 
'  persuade  •  himself  to  believe,  that  a  number  of  men, 
'  chosen  by  their  country  to  represent  them,  would  pre- 
'  sume  to  complain  of  a  thing  as  a  grievance,  when  the 
'  thing  complained  of  is  in  fact  not  true ;  for  the  office 
'  of  probate  of  wills  is  wherever  the  governor  is ;  con- 
'  sequently  not  at  Burlington  only :  Ever  since  the  queen, 
'  has  done  me  the  honour  to  entrust  me  with  the  govern- 
'  ment  of  this  province,  I  have  never  failed  of  being 


OF    "NEW-JERSEY.  299 

'in  the  province  twice  every  year,  once  at  Burlington,  A.  D. 
'and  once  at  Amboy  ;  except  the  last  year,  that  I  had  1W7. 
'the.  unspeakable  misfortune  of  losing  a  wife,  whom 
'  I  loved  as  my  own  soul,  after  a  very  long  tedious 
'  sickness,  during  which  lam  persuaded  no  reasonable 
'  man  could  expect  I  should  leave  her  for  any  time;  and 
'yet  notwithstanding  that,  I  was  twice  at  Amboy  last 
'  yi-:ir,  where  any  body  that  had  a  will  to  prove,  might 
'have  had  it  .done  if  they  had  pleased;  besides  my 
'  being  twice  every  year  in  the  province,  considering 
'the  remoteness  of  Cape-May  county  and  the  county 
'  of  Salem,  I  did  appoint  a  surrogate  at  Burlington, 
'  before  whom  any  of  the  inhabitants  of  either  division 
'  might  have  had  their  wills  proved  ;  I  did  not  think 
'  it  necessary  to  appoint  one  in  the  Eastern  division 
'  because  the  inhabitants  of  that  division  who  are  most 
'  remote  from  New- York,  are  within  a  very  easy  day's 
'journey  of  my  surrogate  at  Burlington,  and  much  the 
'  major  part  of  the  people  of  that  division,  are  within 
'a  small  day's  journey  of  New- York,  where  their  pri- 
'  vate  aifairs  daily  calls  many  of  them,  and  where  any 
'  of  them  may  have  their  wills  proved  without  any 
'  injury  to,  or  encroachments  upon  their  properties, 
'  rights  or  privileges  :  This  is  so  certain  a  truth,  that  I 
'am  persuaded  all  judicious  and  impartial  men  will 
'  look  upon  this  complaint  to  be  malicious,  scandalous, 
'  and  frivolous,  contrived  only  to  amuse  poor  ignorant 
'  people  with  notions  of  grievances ;  when  in  truth 
'  there  is  no  manner  or  cause  of  complaint :  Besides 
'  what  you  desire,  is  a  direct  invasion  of  the  queen's 
'  prerogative ;  for  it  belongs  to  her  majesty  alone  to 
'appoint  who  shall  take  probate  of  wills,  and  grant 
Metiers  of  administration;  and  that  power  the  queen 
1  ha<  been  pleased  to  vest  in  the  governor;  and  I  am 
1  Mire  I  will  never  so  far  betray  the  trust  her  majesty  has 
'  honoured  me  with,  as  to  sacrifice  her  prerogative 
'  royal,  to  the  humours  of  any  person  or  persons  what- 
'  soever  :  But  of  all  the  people  in  the  world,  the  qua- 
'  kers  ought  to  be  the  last  to  complain  of  the  hardships 
'  of  travelling  a  few  miles  upon  such  an  occasion,  who 

'never 


300  THE    HISTORY 

A.  D.        *  never  repine  at  the  trouble  and  charges  of  travelling 

1/07.        t  severai  hundred  miles  to  a  yearly  meeting,  where  it  is 

'  evidently  known,  that  nothing  was  ever  done  for  the 

'good  of  the  country,  but  on   the    contrary  continual 

'  contrivances  are  carried   on   for  the  undermining  of 

*  the  government  both  in  church  and  state. 

'  You  have  had  as  little  regard  to  the  truth  of  mat- 
4  ter  of  fact  in  this  complaint,  as  in  some  of  the  rest ; 
4  for  it  is  certain,  that  the  secretary's  office  is  kept  at 
4  Amboy,  as  well  as  at  Burlington,  as  far  as  the  na- 
4  ture  of  the  thing  requires,  and  it  can  admit  of,  for  the 
4  records  of  the  eastern  division,  or  at  least  so  many  of 
4  them  as  the  agent  for  the  proprietors  of  that  division 
4  could  hitherto  recover  from  one  Thomas  Gordon, 
4  into  whose  hands  they  were  put  in  the  time  of  the  pro- 
4  prietors  government,  and  who  has  embezzled  several 
'of  them,  for  which  he  must  be  answerable  :  there  is  a 
4  supreme  court  held  once  every  year  at  Amboy,  there 
'  is  no  more  at  Burlington  ;  so  that  one  division  does  not 
4  enjoy  more  privileges  and  advantages  than  the  other  ; 
4  and  you  have  no  more  reason  to  desire  a  secretary's  office 
4  to  be  settled  at  Amboy,  than  the  people  of  the  county  of 
4  Cumberland  would  have  to  desire  a  secretary  of  state's 
'office  to  be  settled  in  their  county,  because  it  is  a  great 
'  way  for  them  to  travel  to  London  when  they  have  any 
4  business  in  the  secretary's  office ;  the  thing  is  incon- 
4  sistent  in  itself,  to  have  two  secretaries  offices  in  the  same 
4  province,  and  consequently  unreasonable,  and  I  am 
4  pretty  well  satisfied  without  precedent ;  besides  I  don't 
4  know  any  body  that  can  claim  the  right  or  power  of 
'appointing  a  secretary  in  this  province  but  the  queen, 
4  and  she  has  been  pleased  to  appoint  one  under  the 
'  great  seal  of  England,  and  her  majesty  is  pleased  to 
4  think  one  sufficient,  as  undoubtedly  it  is  ;  but  if  you 
4  had  thought  that  another  had  been  necessary,  it  would 
4  have  been  much  more  modest  to  have  acquainted  me 
4  with  it,  that  I  might  have  humbly  represented  it  to  her 
'majesty,  rather  than  to  have  remonstrated  that  as  a 
'  grievance,  which  is  done  in  pursuance  of  the  queen's 

*  commands  :     But  this  is  of  the  same  nature  with  the 

'rest 


O  F    N  E  \V  -  J  E  R  S  E  Y  301 

'  rest  of  your  complaints,  contrived  ou  purpose  to  a-  A^  D. 
'muse  the  poor  ignorant  people  with  a  notion  of  grie- 
'  vances,  when  in  truth  there  is  not  the  least  colour  or 
'  cause  of  complaint.  I  could  wish,  since  you  had  a 
'  mind  to  colour  this  complaint  with  the  authority  of 
'an  art  of  parliament  of  England,  that  you  had 
'advised  with  some  lawyer,  to  know  whether  this 
'  could  be  any  ways  brought  under  that  statute,  or 
1  can  by  any  construction  in  the  world  be  called  a 
'monopoly;  but  where  a  man  engrosses  a  commodity 
1  into  his  own  hands,  and  imposes  what  unreason- 
1  able  price  he  pleases  upon  that  commodity,  or  where 
'  a  man  is  suffered  to  enjoy  any  trade  or  occupation 
'  exclusive  of  others,  to  the  prejudice  of  the  pub- 
'  lick,  or  particularly  the  hindering  or  burthening  of 
'trade;  the  thing  now  complained  of  is  so  far  from 
'  being  of  that  nature,  tlfat  it  is  directly  contrary;  for 
'  by  the  patent  now  complained  of,  the  subjects  of  this 
'  province  have  the  conveniency  of  sending  such  quan- 
1  tities  of  goods  to  and  from  Burlington  and  Amboy,. 
'  as  their  private  occasions,  or  the  nature  of  their  trade 
'  requires,  at  reasonable  and  certain  rates,  and  at  certain 
'times,  which  they  never  could  do  before;  for  before 
'  the  scit ling  of  this  waggon,  if  any  persons  had  occasion 
'  to  -cud  any  goods  to  or  from  either  of  those  places,. 
'  they  were  forced  to  hire  a  waggon,  tho?  perhaps  they 
'  had  not  the  tenth  part  of  a  load,  and  were  forced  to 
'  pay  such  rates  as  the  owners  of  the  waggon  .thought 
'  fit  to  impose  upon  them  ;  whereas  at  present  every 
'  body  is  sure  once  a  fortnight  to  have  an  opportunity  of 
'-••ndiiur  any  quantity  of  goods,  great  or  small,  at 
•"liable  rateS  without  being  in  danger  of  being 
'  imposed  up»n  at  the  will  of  the  owner  of  the  waggon; 
'  and  the  settling  of  this  waggon  is  so  far  from  being  a 
'grievance  or  a  monopoly,  that  by  this  means  and  no 
'other,  a  trade  has  been  carried  on  between  Philadel- 
phia, Burlington,  Amboy  and  New- York,  which 
'  WB8  never  known  before;  and  in  all  probability  would 
'  never  have  been,  had  it  not  been  for  this  certain 
'convenient  way  of  sending  such  quantity  of  goods 


502  THE    HISTORY 

A.  D.  <  as  people  pleased  from  place  to  place ;  and  in  all  the 
'parts  of  Europe,  the  having  pqblick  carriages  for 
f  goods  has  always  been  esteemed  of  absolute  necessity, 
*  and  the  want  of  them  has  been  looked  upon  as  a  hard- 
f  ship :  But  it  seems  those  things  which  in  the  wisest 
t  and  best  governments  in  Europe,  have  not  only  been 
'  thought  convenient  but  esteemed  of  absolute  necessi- 
' ty,  are  found  out  by  some  of  our  wiser  people  here, 
'  to  be  grievances  and  monopolies :  This  being  un- 
'  doubtedly  true,  it's  plain  the  patent  complained  of 
( cannot  come  within  the  stat.  of  the  21  Ja.  1.  chap.  3. 
'  This  I  believe  will  be  sufficient  to  convince  all  reason- 
'  able  men,  how  frivolous  and  unreasonable  this  cora- 
( plaint  is.  I  shall  observe,  that  when  I  was  first  applied 
'  to  for  a  patent  for  the  allowing  this  waggon,  which 
'  was  by  one  Dellaman,  who  in  colonel  Hamilton's 
/time  was  permitted  to  drive  a  waggon  for  carrying 
'goods,  tho'  under  no  regulation,  either  with  respect 
\  '  to  times  of  going,  or  prices  for  carrying  goods,  and 
•'  then  was  no  monopoly ;  before  I  would  grant  it,  I  did 
'  acquaint  the  council  with  it,  and  desired  them  to  let 
'  me  know,  if  they  apprehended  any  inconveniency  in 
1  granting  such  a  patent;  those  gentlemen  were  all  of 
'  opinion,  there  could  be  no  inconveniency  in  it,  but 
'  rather  a  great  conveniency ;  and  indeed  experience 
''  has  proved  that  opinion  to  be  true ;  nay,  rnr.  Lewis, 
1  Morris  himself,  the  chief  promoter  of  these  unreason- 
'able  and  frivolous  complaints  at  this  time,  who  had 
'  the  honour  to  be  one  of  her  majesty's  council,  ex- 
'  pressed  himself  very  fully  to  that  purpose :  Indeed 
'  had  that  gentleman  ever  been  consistent  with  himself 
'  in  any  two  actions  of  his  life,  I  should  wonder  how 
'  he  could  so  soon  alter  his  opinion  in  a  case  of  that 
'nature:  but  his  behaviour  at  all  times  having  fully 
'  convinced  the  world  that  he  never  was  so,  makes  me 
'  cease  wondering  :  This  clause  of  your  remonstrance  is 
'  indeed  of  a  more  extravagant  nature  than  the  former, 
'for  you  presume  to  call  that  a  great  grievance,  and 
'  affirm  it  to  be  directly  contrary  to  magna  charta,  and 
'  *  contrary  to  the  queen's  express  directions  in  the 

'  governor's 


OF    NEW- JERSEY.  303 

'  governor's  instructions ;    which  is  most  certainly  ex-        A.  D. 
'  aetly   pursuant  to,  and  in  obedience  of  the   express        1/07* 
1  words   contained    in    the    queen's    instructions  to    the 
'  governor ;  so  that  you  make  the  governor's  faithful 

*  obedience  to  the  instructions  the  queen  has  honoured 
'him   with,  to  be  a  great  grievance;  which  is  no  less 
'  than  accusing  her  most  sacred   majesty,  the   best   of 
''queens,    of  commanding   her  governor    to  do    things     * 
'  which  in  themselves  are  great  grievances;  how  grate- 

'  ful  a  return  this  is  to  her  majesty,  for  the  repeated 
'  favours  she  has  been  pleased  to  shew  to  this  province 
'  and  people,  let  the  world  judge  ! 

'  That  clause  of  my  instructions  which  vou  recite 
'  in  this  article,  has  no  manner  of  relation  to  fees;  in- 
'  deed  there  is  another  clause  in  my  instructions,  which 

*  directs  how,  and  by  whom,  all  fees  shall   be  settled, 
'and  the  queen's  commands  have  been   observed;  the 
'  words  of  the  clause  are  those,  "  And  you  are  with 
"  the  advice  and   consent  of  our  said  council,  to  take 
"  especial  care  to  regulate  all  salaries  and  fees  belonging 
"  to  places,  or   paid    upon  emergencies,   that   they   be 
"  within  the  bounds  of  moderation,  and  that  no  exac- 
u  ii<>n  be  made  on  any  occasion  whatsoever;  as  also  that 
'•  tables  of  all  fees  be  publickly  hung  up  in  all  places 
"  where  such  fees  are  to  be  paid,  and  you  are  to  trans- 
"  mit  copies  of  all  such  tables  of  fees  to  us,  and  to  our 
"  commissioners  for  trade  and  plantations  as  aforesaid  ;  " 
'  and  I  challenge  every  one  of  you,  and  all  mankind, 
'  to    shew,   how,   when,   and   where,   any    man's    lifij, 
'  member,  freehold,  or  goods,  have   been  taken   away, 
1  or  harmed  in  this  province,  since  it  came  under  her 
'  majc~tyV  government,  otherwise   than    by  established 
'and    known    laws,   not  repugnant  to,   but  as  much  as 
'  may  be,  agreeable  to  the  laws  of  England:   When  I 
'  first  read   this  clause,  I  could  not  imagine  what  it  was 
'  put  in  for,  unless   it   were  on  purpose   to  arraign  the 
Spleen's    express    commands   to   me.     First,  Mr.  Son- 
'  maus    is    not    the    pretended    agent,    but  the   lawfully 
'constituted    agent   for   the  proprietors  of   the  eastern 

of  this  province,   and  has  Qualified   himself 

'  according 


304  THEHISTORY 

A.  D.  <  according  to  the  queen's  instructions  to  me,  and  he 
1707.  ( (joes  reside  the  greatest  part  of  his  time  in  the  pro- 
'  vince ;  the  records  are  not  carried  out  of  the  Eastern 
'  division,  unless  it  be  those  which  Thomas  Gordon 
'  has  imbezzled ;  but  those  that  came  to  the  hands  of 
'  Mr.  Sonmans  are  kept  at  Arnboy,  where  any  body 
1  may  have  recourse  to  them  that  will  desire  it,  at  any 
'  reasonable  hour ;  and  the  country  is  not  under  any 
'  disappointment  upon  that  account ;  besides  the  records 
'  of  the  Eastern  division  were  put  into  the  hands  of  the 
'  proprietors  agent,  by  an  order  from  England,  upon  a 
'  complaint  made  in  England,  that  the  records  were 
'  not  in  the  hands  of  the  proprietors  agents. 

"  These,  governor,  are  some  of  the  grievances." 
'  This  is  certainly  one  of  the  boldest  assertions  that 
'  ever  was  made,  especially  when  there  appears  no  man- 
6  ner  of  proof  to  make  it  out :  When  I  read  these  two 
'  clauses ;  for  there  are  two  before  you  come  to  enume- 
'  rate  these  grievances  of  an  higher  nature,  and  attend- 
1  ed  with  worse  consequences,  I  expected  to  have  found 
(  myself,-  or  some  other,  persons  intrusted  with  me  in 
1  the  administration  of  the  government  over  her  ma- 
jesty's subjects  in  this  province,  not  only  accused,  but 
'  made  plainly  appear,  by  undeniable  manifest  proofs, 
'  beyond  the  possibility  of  a  contradiction,  to  be  guilty  of 
( the  most  enormous  crimes:  Who  can  imagine  when 
'  such  a  body  of  men,  as  the  representatives  of  a  pro- 
1  vince,  venture  to  say,  that  they  did  expect  when  the 
'  government  of  the  Jersies  was  surrendered,  to  feel  the 

*  influences  of  the  queen's  mild  government  under  her 
1  more   immediate   administration,  and  to  be  protected 

*  in  the  full  enjoyment  of  their  liberties  and  properties  ; 
'  the  last  of  which  they  thought  themselves  a  little  more 
f  secure  in,  than  some  of  the  neighbouring  plantations, 
'  and  had  an  entire  dependance  that  her  majesty's  royal 
'  bounty  and  goodness  would,  never  be  wanting  to  make 
1  them  easy  and  happy,  even  beyond  their  wishes ;  it  is 
'  their  misfortune,  that  they  must  say,  the  success  has 
'  not  answered  the  expectation ;    and  the  queen's  sub- 
1  jects  here  have  felt  the  reverse  of  what  they  had  most 

'  reason 


4 

1 


(  )  i      N  K  \V  -  J  K  K  8  K  Y  .  305 

reason  to  hope  that  the  greatest  and  best  of  princes 
i-  without  all  pcradvcntiire  ignorant  of  their  pres- 
sure.-,  or  they  had  long  since  had  relief;  she  is  too 
"-nod  to  continue  even  the  deserved  sufferings  of  the 
miserable,  and  has  more  of  heaven  in  her,  than  not 
to  hear  the  cries  of  those  that  groan  under  oppression 
'and  the  unkind  effects  of  mistaken  power,  to  whom 
1  they  owe  their  misery;  who  would  not,  I  say,  after 
'such  assertions,  expect  to  see  the  governor  proved 
1  guilty  either  of  treason,  or  betraying  the  trust  re- 
'  po>cd  in  him  by  the  queen,  by  depriving  the  subjects 
'  of  their  lives,  their  estates  or  properties,  or  at  least 
'denying  them  justice,  and  perverting  the  laws,  to  the 
'  oppression,  instead  of  admmistiing  them  for  the  pro- 
1  tection  and  preservation  of  the  people  committed  to 
'  his  charge  ?  These  or  the  like  crimes  manifestly  proved, 
'  are  the  only  things  that  can  justify  men  in  the  accus- 
'  ing  a  governor  of  corrupt  practice,  and  of  shaking 
'the  liberties  and  properties  of  the  people;  but  if 
'  none  of  these  things  can  be  proved,  but  on  the  con- 
'  trary,  it  does  appear  plainly,  that  no  one  act  of  seve- 
'  rity,  much  less  of  injustice  or  oppression,  has  been 
4  done  since  the  government  of  this  province  came  im- 
'  d.-r  the  queen,  but  that  there  has  been  an  impartial, 
'just  and  equal  administration  of  justice  observed  thro' 
'  out  the  whole  course  of  my  government,  and  that 
'  many  acts  of  mercy  have  been  extended  to  persons 
'  who  deserved  to  be  severely  punished  ;  then  what  sort 
4  of  creatures  must  these  bold  accusers  appear  to  be,  in 
'  the  eyes  of  all  impartial  and  judicious  men  !  That 
'these  are  truths  beyond  all  contradiction,  and  which 
•all  the  people  of  this  province  know,  I  olo  challenge 
1  you,  and  every  one  of  you,  to  prove  the  contrary: 
'  And  tho'  I  know  very  well,  that  there  are  several 
'  unquiet  spirits  in  the  province,  who  will  never  be 
'  content  to  live  quiet  under  any  government  but  their 
'own,  and  not  long  under  that  neither,  as  appears  by 
'their  methods  of  proceeding  when  the  government 
in  the  hands  of  the  proprietors;  when  many  of 
very  men  who  are  now  the  remonstrancers,  were 
u  'in 


306  THE    HISTORY 

A-D.  <jn  authority,  and  used  the  most  arbitrary  and  illegal 
€  methods  of  proceeding  over  their  fellow  subjects 
'  that  were  ever  heard  of;  yet  I  am  satisfied,  there  are 
'  very  few  men  in  the  province,  except  Samuel  Jen- 
'  ings  and  Lewis  Morris,  men  known  neither  to  have 
'good  principles,  nor  good  morals,  who  have  ventur- 
'  ed  to  accuse  a  governor  of  such  crimes,  without  anv 

*  proof  to  make  out  their  accusation;  but  thev  are  ca*- 
'  pable  of  any  thing  but  good. 

'  But  that  the  unreasonableness  of  these  complaints 
<  may  appear  the  plainer,  let  us  consider  what  these 

*  enormities  of  mine  are,  that  have  turn'd  the  benign 
'  influences  of  the  queen's   mild   government  into  op- 

*  pression,  and  the  unkind  effect  of  mistaken  power : 
'  First,  by  the  instructions  her  most  sacred  majesty  the 
'  queen  has  honoured  me  with,  I  am  to  allow  all  such 
'  agents  as  the  general   proprietors  shall  appoint,  such 
'agents  qualifying  themselves  by  taking  such  oaths  as 
'  the  queen  is  pleased  to  direct,  and  no  others ;  no  per- 
'  sons  under  the  name  of  a  council  of  proprietors  have 
'  ever  tendered  themselves  to  take  those  oaths,  conse- 
'  quently  they  are   not   capable   of  acting   as   agents ; 
'Besides,  I  say,  those   people  who   call  themselves  a 
'council  of  proprietors,  are  a  parcel  of  people,  pre- 
'  tending  to  act  by  a  power  derived  from   certain  per- 
'  sons,  who  have  no  power  to  grant ;  the  governor  has 
( therefore  done  in   this  case  nothing  but  his  duty,  in 
'  hindering,  as  far  as  in  him  lay,  that  pretended  coun- 
'  cil   of  proprietors  from  acting  illegally,  which   they 
(  have  long  done  to  the  prejudice  of  her  majesty's  sub- 
'jects:  This  is  a  truth  I  cannot  doubt  of,  because  be- 
'  sides  the  other  reasons   I  have  to  satisfy  me  in  that 
'  point,  you  have  voted  my  putting  the  records  of  the 
'  eastern  division  into  the  hands  of  Peter  Son  mans,  to 
'  be  a  grievance ;  tho'  Mr.  Sonmans  has  qualified  him- 
'  self  long  ago ;  so  that  the  council  of  proprietors  not 
'having  qualified  themselves  at  all,  is  a  much  greater 
'  grievance.     By   the   queen's   instructions   to   me,  she 
'  is  pleased  to  direct,  that  no  person  shall  be  capable  of 
'  being  elected  a  representative  by  the  freeholders  of 

'  either 


OF    NEW-JERSEY.  307 

'cither  division,  or  afterwards  sitting  in  general  assem-        A.  D. 
'  bly,  wlio  shall  not  have  one  thousand  acres  of  land,         1707* 
'  of  an  estate  of  freehold  in  his  own  right,  within  the 
'  division  for. which  he  shall  be  chosen  ;   two  gentlemen 
'of    the    council    informed    me,    that  -three    persons, 
'  whose  names  they  then  mentioned,  were  not  qualified ; 
'  upon  which  I  refused    to  take  their  attestations  (for 
'  they  were  all  Quakers)  and  in  so  doing,  I  did  my 

*  duty  :     I  recommended  it  to  the  assembly  at  that  time 
'  to  proceed  in  the  first  place,  to  enquire  into  that  matter ; 
'  but  they  did  not  think  fit  to  do  it,  till  they  had  sat 
'about  three  weeks,  and  then  they  sent  me  a  message, 

*  to   desire   those   three  members  might  be  sworn,  for 
'  they  were  satisfied  .they  were  qualified ;    I  sent  them 
'  word,   that    if    they  would    communicate   to    me  the 

*  proofs  which  had  satisfied  them,  I  should  be  ready  to 
'  admit  them ;  but  that  they  would  not  do :  In  some  few 
1  days  the  assembly  was  adjourned  to  meet  at  Burling- 
'  ton,  where  they  met  at  the  time  appointed,  and  sent 
1  i M«-  tin-  same  message  as  they  had  done  before  ;   I  sent 
'them  the  same  answer ;  upon  which  they  ordered  the 
'  three  members  to  produce  to  me  the  proofs  of  their 
'qualifications;    which  having  done,  I  admitted  them 

*  i  mined  lately,   which   I  could    not  do  before,  without 
'breaking  the  queen's  instructions  ;  so  that  it  was  en- 
'  tirely  through  their  own  stubborncss  that  they  were 
'  not  admitted  sooner,  and  no  intent  or  desire  of  mine  to 
'  keep  them  out :  If  I  had  had  a  mind  to  keep  any  mera- 
'  hers   out  of  the  house,  I  could   have  made  objections 
'which    they  could   never   have  answered;    but   such 
'  practices  are  below  me;  and  it  is  not  true,  that  I  have 
'  made  any  violation  of  the  liberties  of  the  people,  nor 
'  have  assumed  to  myself  a  negative  voice  to  the  free- 
'  Holders    election    of  representatives,  as   this   house   of 
'  repiv-entatives  has  lately  most  notoriously  done:    But 
'  of  that  more  anon. 

'Indeed  the  treatment  I  have  met  with  from  tlr's 
'  house  of  representatives,  is  far  different  from  what  I 
'and  all  reasonable  men  expected  from  most  of  them, 
'thinking  them  endowed  with  reason  and  common 

1  justice 


308  THE    HISTORY 

A.  D.  'justice  to  mankind ;  but  it  is  not  different  from  what  I 
1707.  <  expected  from  Samuel  Jenings  and  Lewis  Morris, 
'  two  men  notoriously  known  always  to  have  been 
'disturbers  of  the  quiet  and  peace  of  this  province, 
'  men  always  possessed  with  passionate  heats,  and  the 
'  transports  of  most  vindictive  tempers,  but  never 
'  capable  of  such  serious  resentments  as  would  become 
i  a  house  of  representatives,  if  there  were  any  occasion 
'  given  them  to  shew  any  ;  how  they  have  been  able  to 
'prevail  with  the  major  part  of  the  house  to  join  with 
1  them,  in  destroying  as  far  as  in  them  lay,  the  reputu- 
'tion  of  a  gentleman  who  has  the  honour  to  serve  the 
'  queen  as  governor  of  this  province,  and  is  so  far 
'from  deserving  such  treatment  from  them,  that  he 
1  has  always  done  to  the  utmost  of  his  power,  for  the 
'  good,  welfare  and  prosperity  of  this  province  and 
1  people,  and  would  have  done  much  more  if  the 
'  assembly  would  have  put  it  into  his  power,  by  pre- 
'  paring  such  bills  as  the  governor  at  the  beginning  of 
1  every  sessions  has  recommended  to  them,  and  the 
'  condition  of  the  country  required  ;  but  that  they  must 
i  answer  for  to  God  and  their  own  consciences,  and 
'  perhaps  one  day  to  me. 

'  Whether  many  considerable  sums  of  money  have 
'  been  raised  or  not,  I  know  not ;  and  if  they  were 
1  raised,  for  what  intent  and  purpose  they  were  raised  I 
'  know  not ;  but  this  I  know,  that  if  any  money  was 
i  raised,  it  was  not  given  to  me,  nor  was  ever  any  mo- 
'  n ey  offered  to  me  to  procure  the  dissolution  of  the 
'  first  assembly,  or  to  get  clear  of  the  proprietors  quit 
1  rents,  or  to  obtain  such  officers  as  the  contributors 
1  should  approve  of,  as  is  falsly  alledged  :  The  reasons 
<  why  I  dissolved  the  first  assemby  were  evident  to  all 
'  mankind  ;  for  it  was  plain  that  house  never  intended 
'  to  do  any  thing  for  the  support  of  the  queen's  govern- 
'  ment,  nor  for  the  good  of  the  country ;  and  indeed 
'  better  could  not  be  expected  from  an  assembly  so  cor- 
1  ruptly  chosen  as  that  was ;  for  some  of  the  now 
'  remonstrancers,  and  some  other  people,  prevailed 
'  with  Thomas  Gordon,  then  sheriff  of  the  county  of 

'  Middlesex, 


o  F   x  P;  \v  -  J  E  R  s  K  y  .  309 

4  Middlesex,  to  refuse  a  poll  when  demanded  ;  and  A.  D. 
'  when  the  people,  injured  by  that  practice,  complained 
4  to  the  house  of  representatives,  they  had  a  day 
'  ,-i— -iii'iH-d  them  to  be  heard,  but  were  limited  to  bring 
4  but  t \\vntv  witnesses;  the  people  attended  at  the  day 
'appointed,  with  the  number  of  witnesses  they  were 
'allowed  to  bring,  but  were  then  by  the  house  refused 
'to  be  heard,  not  only  by  themselves  but  by  their 
'  council,  and  their  witnesses  refused  to  be  examined  ; 
Mho'  at  the  same  time  they  heard  Thomas  Gordon, 
'  who  was  complained  against,  and  did  examine  some 
'witnesses  on  his  behalf;  upon  which  the  petition  of 
'the  complainants  was  d ism ist,  thereby  supporting  the 
'illegal  proceedings  of  the  sheriff;  this  was  a  .viola- 
'  lation  of  the  rights  of  the  }>eople  with  a  vengance, 
'and  a  sufficient  reason,  (if  I  had  no  other)  for  the 
'  dissolving  that  assembly,  that  the  people  might  once 
'  more  have  a  free  choice  of  their  representatives  :  As 
'  for  getting  clear  of  the  proprietors  quit  rents,  it  is 
'  such  an  absurdity  to  mention,  that  no  body  would  be 
'  guilty  of  it  but  Samuel  Jenings  and  Lewis  Morris; 
'  for  it  is  evident,  that  at  the  beginning  of  every  sessions 
'I  have  recommended  it  to  the  assembly* to  prepare  a  ,£ 
'  Bill  or  Bills,  for  settling  the  rights  of  the  proprietors; 
'which  I  suppose  will  be  a  full  answer  to  that  part; 
'  and  as  I  know  of  no  such  men  as  contributors,  so 
'  can  I  have  no  such  application  made  to  me  :  I  have 
4  not  knowingly  put  any  mean  or  mercenary  men  into 
'•ffice;  indeed  at  my  first  coming  into  the 
'government  of  this  province,  I  desired  the  gentle- 
4  men  of  the  council,  to  recommend  persons  to  me  fit 
l>e  put  into  offices,  military  and  civil ;  several  of 
'  them  gave  me  lists,  and  amongst  the  rest  mr.  Lewis 
'  Morris  gave  me  one,  which  I  have  still  by  me,  in 
'which  indeed,  by  experience,  I  find  there  are  some 
'  mean,  scandalous  men  ;  but  I  cannot  accuse  any  body 
'eUe  nf  doing  the  like.  Thus  much  I  thought  my- 
*M-lf  obliged  to  say,  in  answer  to  your  remonstrance, 
'  to  sm>!\  the  world  of  the  falshood  of  your  allegations 
'and  the  unreasonableness  of  your  complains.  I  have 

'said 


310  T  H  E    II  I  S  T  O  R  Y 

•$$?•  ' said  tne  IGSS  m  answer  to  the  scandalous  reflections  you 
1707.  <  have  cast  upon  me,  because  I  do  not  doubt,  but  upon 
'  my  most  humble  application  to  her  most  sacred  ma- 
'jesty  the  queen,  she  will  be  graciously  pleased  to 
'  allow  me  to  take  such  measures  as  may  be  most  proper 
'to  procure  me  ample  satisfaction,  for  the  great  and 
'extravagant  injuries  you  have  done  me:  As  for  the 
'advice  you  conclude  with,  I  shall  only  say,  that  I 
'  can  never  answer  the  taking  advice  from  men  who 
'  do  not  know  how  to  govern  themselves,  and  who 
'  have  always  opposed  the  service  of  the  queen,  and 
'the  interest  and  good  of  the  country,  which  are 
'  inseparable. 

'  Now,  gentlemen,  I  shall  take  notice  to  you  of  some 
'  of  your  late  unaccountable  proceedings  in  this  assem- 
'  bly,  which  I  can't  pass  by  without  a  breach  of  the 
'  trust  reposed  in  me  by  her  majesty ;  and  first,  I  shall 
'observe,  that  at  the  opening  of 'the  sessions,  I  recom- 
'  mended  to  you  the  settling  a  revenue,  and  the  preparing 
'several  bills  which  I  thought  might  be  useful  for  the 
'  country  ;  and  I  told  you,  that  if  you  found  any  thing 
'  else  necessary  to  be  provided  for  by  a  law,  you  should 
,v*  '  always  find^  me  ready  to  agree  to  any  thing  that  might 

'  be  reasonable ;  but  instead  of  proceeding  upon  those 
'  things  so  necessary,  that  they  ought  to  have  employed 
'  your  first  thoughts,  you  have  squandered  away  your 
'  time  in  hawking  after  imaginary  grievances,  for  the 
'  space  of  one  whole  month,  without  making  one  step 
'  towards  the  service  of  the  queen,  or  the  country ; 
'  you  have  presumed  to  take  the  queen's  subjects  into 
'  the  custody  of  the  Serjeant  at  arms,  who  are  not 
'  members  of  your  house  ;  which  you  can't  lawfully  do ; 
'  and  is  a  notorious  violation  of  the  liberties  of  the 
'people;  you  have  taken  upon  you,  to  administer  an 
'  oath  to  one  of  your  members,  and  have  expelled  him 
'the  house  for  refusing  to  take  an  oath,  which  you 
'  could  not  legally  administer  to  him  :  This  is  most 
'certainly  robbing  that  member  of  his  property,  and 
'  a  most  notorious  assuming  to'  yourselves  a  negative 
*  voice  to  the  freeholders  election  of  their  representa- 

'  tives ;. 


O  F    N  E  W  -  J  E  R  S  E  Y  .  311 

'  lives ;    for   which  there  can  be  no  precedent  found :        A.  D. 

'  You  have   arbitrarily   taken  upon  you,  to  command        1707' 

'  the  high  sheriff  of  this  county,  to  discharge  a  prisoner 

1  who  was  in  his  custody,  at  the  suit  of  one  of  the 

'  queen's  subjects ;  and  he  has  been  weak  enough  to  do 

1  it,  for  which  he  lies  liable  to  be  sued  for  an  escape, 

1  whenever  the  gentleman  thinks  fit  to  do  it;  and  from 

1  which   you   can't   protect   him:    This  is  a  notorious 

1  violation  of  the  rights  of  the  subjects,  and  a  manifest 

'interruption  of  justice:  You  have  taken  upon  you,  to 

1  appoint  one  of  your  members  to  act  as  clerk  of  the 

'  committee   of  the   whole  house,  which  you  have  no 

'  power  to  do ;  and  the  party  officiating  is  liable  to  be 

'  prosecuted   for   acting   without  lawful  authority,  and 

'  without   being   qualified    to  act.      These,   gentlemen, 

'  are  some  of  the  irregularities  you  have  been  guilty  of 

'  this  sessions;  some  «f  them  are  encroachments  upon 

'  the   queen's   prerogative,    the   rest   are   all    notorious 

'  infractions   upon   the  liberties  and  properties  of  the 

i  people. 

1 1  was   going  to   conclude,  with  giving   you  some  ^ 

'  wholesome  advice;  but  I  consider  that  will  be  but 
'  labour  lost,  and  therefore  shall  reserve  it  for  persons 
'  who  I  hope  will  make  a  right  use  of  it. 


CHAP.     XVII. 

The  assembly's  reply  to  Lord  Cornbury's  answer  to  their 
remonstrance. 

r~T"MIE  assembly  did  not  immediately  go  upon  the  con-    Fanco- 

_!_  sideration  of  a  reply,  having  before  them  the  trea- 
surer,  Peter  Fauconier's  accounts,  in  which  they  found 
many  articles  extraordinary  in  their  nature,  several  of 
them  Ix-iiiLT  paid  by  Cornbury's  order  barely,  and  the 
whole  without  vouchers;  they  sent  for  him;  he  attend- 
ing, n -fused  to  lay  his  vouchers  before  them  without  the 
governor's  commands;  two  members  were  sent  to  the 

governor 


312  THE    HISTORY 

A.  D.  governor,  to  desire  him  to  order  the  treasurer  to  lay  the 
vouchers  of  his  accounts,  and  the  orders  for  the  pay- 
ment of  the  sums  therein  mentioned  before  them ;  the 
governor  said,  he  had  already  ordered  it,  though  it  was 
what  he  could  not  legally  do,  because  the  lord  high 
treasurer  had  appointed  an  auditor  general  for  the  pro- 
vince, and  he  not  being  in  it,  had  deputed  one  to  audit 
the  accounts,  and  that  the  treasurer  was  accountable 
only  to  the  lord  high  treasurer;  but  if  the  house  was 
dissatisfied  with  any  articles  in  the  accounts,  and 
thought  proper  to  apply  to  him,  he  would  satisfy 
them :  This  was  not  done ;  and  the  accounts,  extraor- 
dinary as  they  were,  remained  unsettled  till  Hunter's 
administration  several  years  after.  Several  bills  of  con- 
sequence were  now  also  under  consideration  ;  but  Corn- 
bury,  apprehensive,  that  if  he  suffered  the  sessions  to 
continue  much  longer,  it  would  produce  something  not 
to  his  advantage,  on  the  16th  adjourned  the  house  till 
the  next  September,  to  meet  him  at  Am  boy.  In  the 
October  following  they  met  accordingly :  The  first 
thing  now  concluded  on,  was  a  reply  to  the  foregoing 
answer  to  their  remonstrance ;  next  place,  they  resolved 
N.  C.  D.  that  they  would  raise  no  money  till  the 
governor  consented  to  redress  the  grievances  of  the 
country;  which  if  he  did,  they  would  raise  £.  1500, 
for  support  of  government  for  one  year. 

On  the  28th,  the  house  sent  a  committee  to  acquaint 
the  governor,  that  having  seen  his  answer  to  their 
remonstrance  in  print,  they  thought  fit  to  make  a 
reply  to  it,  and  desired  to  know  when  he  would  admit 
them  to  wait  on  him  with  it;  the  governor  said,  he 
would  return  an  answer  in  due  time ;  they  waited  for 
his  message  till  next  day,  and  then  concluding  he  in- 
tended to  elude  giving  them  opportunity  of  presenting 
it,  sent  a  committee  with  it,  but  he  would  not  receive 

it; 


O  F    N  E  W  -  J  E  R  S  E  Y  .  313 

it  ;/>•    upon  which  they  ordered  it  to  be  entered  in  their        A.  D. 
journal,  as  follows: 

•  Mav  it  please  your  excellency, 
vVfi,  the  representatives  of  this  her  majesty's  pro- 
'  vinee  of  New-Jersey,  finding  her  majesty's  subjects 
'  <:Teatlv,  and  as  we  are  very  well  satisfied  with  good  rea- 
*"  sun.  a-.r'_rrieved ;  thought  we  could  not  answer  the  trust 
'  reposed  in  us  bv  our  country,  should  we  not  endea- 
'  vour  to  get  those  hardships  removed  under  which  they 
'  labour. 

'  It  wa-  needless  to  hunt  aft*er  imaginary  grievances, 
'  real  ones  in  too  great  numbers  presenting  themselves; 
'  and  though  from  you  we  have  miss'd  of  obtaining 
1  that  relief  that  the  justice  of  our  complaints  intituled 
'us  to;  yet  we  do  not  dispair  of  being  heard  by  her 
'sacred  majesty,  at  whose  royal  feet  we  shall  in  the 
1  humblest  manner  lay  an  account  of  our  sufferings; 
'and  however  contemptible  we  are,  or  are  endeavoured 
'  to  be  made  appear,  we  are  persuaded  her  majesty  will 
'  consider  us  as  the  representatives  of  the  province  of 
4  New- Jersey,  who  must  better  know,  what  are  the 

*  grievances  of  the  country  they  represent,  than  a  go- 
4  vcrnor  can  do,  who  regularly  ought  to  receive  infor- 

*  mations  of   that    kind    from    them;    and  we   do   not 
'doubt    that    glorious   queen    will    make    her    subjects 
'  heiv  as  ea-v  and  happy  as  she  can. 

'  When  we  told  your  excellency,  we  had  reason  to 
'  think  some  of  our  sufferings  were  very  much  owing 
'  to  your  excellency's  long  absence  from  this  province, 
'  which  rendered  it  very  difficult  to  apply  to  your  lord- 
'  ship  in  some  ea-es  that  might  need  a  present  help,  we 
4  .-poke  truth;  and  notwithstanding  all  your  excellency 

'has 

^>.  Their  mearage  to  introduce  it  he  received,  and  the  next  chy 
laid  it  before  the  council,  as  follows:  'The  house  of  representative* 
'haying  sent  a  message  to  your  excellency,  to  know  when  your 
'excellency  would  U-  waited  upon  with  a  reply  this  house  has 
|  made  to  your  excellency's  answer  to  the'r  remonstrance ;  and  your 
'excellency  having  not,  as  is  usual  in  such  Cases,  assigned  them  any 
'time,  they  have  appointed  us  to  wait  on  your  excellency  with  the 
'said  reply,  and  to  deliver  it  to  you.' 


314  THE    HISTORY 

A.  D.       *  has  said  of  a  months  or  twelve  weeks  in  a  year,  and 

1707.         <  faQ   weekly   going   of    a   post ;    we    cannot   be   per- 

'  swaded  to  believe,  that  nine  months  and  upwards  in  a 

'  year,  is  not  a  long  absence,  especially  when  the  seal 

*  of  the  province  is  carried  and  kept  out  of  the  govern- 
'  ment   all   that    time ;     and    the    honourable    colonel 
'  Ingoldsby,    the    lieutenant    governor,    so    far    from 
'  doing   right,   that   he    declined    doing    any    act    of 

government  at  all ;  whether  he  governs  himself  by 
your  excellency's  directions  or  not,  we  cannot  tell ;  but 
sure  we  are,  that  this  province  being  as  it  were  with- 
out government  for  above  nine  months  in  a  year,  we 
must  still  think  it  a  great  grievance,  and  not  made  less 
so  by  carrying  the  seal  of  the  province  to  New- York, 
and  laying  her  majesty's  subjects  under  a  necessity  of 
'  applying  from  the  remotest  part  of  this  province,  for 

*  three  parts  of  the  year  and  better,  to  your  excellency 

*  at  fort  Ann,  in  New- York,  from  which  place  most 
'  of  the  commissions  and  patents  granted  during  your 
'  excellency's   absence,  are  dated,  (by    what   authority 
'  we   shall   not   enquire)   notwithstanding   a  lieutenant 
'  governor  resides  in  the  province,  and  is  by  her  ma- 
'jesty's  commission  impowered  to  execute  the  queen's 
'  letters   patents,   and   the    powers    therein    contained, 
'  during  your  excellency's   absence  from  this  province 
'  of  New-Jersey ;    without   which   powers    given   and 
'  duly  executed,  a  lieutenant  governor  is  useless  and  an 
'  unnecessary  charge ;    and  we  cannot  think,  that  her 
'  sacred  majesty,  who  honoured  that  gentleman  with  so 
'  great  a  mark  of  her  royal  favour,  as  giving  him  a 
'  commission   for   lieutenant  governor  of  New-Jersey, 
'  did  at  the  same  time  inhibit  him  from  executing  the 

*  powers  therein  exprest. 

*  Things  are  sometimes  best  illustrated  by  their 
'contraries;  and  perhaps  the  most  effectual  way  to 
'  convince  the  world,  that  this  complaint  is  frivolous 

*  and   untrue,  as   by  your  excellency  alledged,  would 
'  be,  for  your  excellency  to  bring  the  seal  of  the  pro- 
'vince   of    New- York    to   Burlington,    keep   it   there, 
'  and  do  all  the  acts  of  government  relating  to  the  pro- 
vince 


OF    NEW-JERSEY.  315 

'  vince  of   New- York,  at  Burlington,  in  New-Jersey,        A.  D. 
'for  about  three  fourths  of  a  year,  and  let  the  lieute-        -1'07- 
nant  governor  reside  at  New- York  during  that  time, 
without  doing  any  act  of  government,  adjourn  their 
assemblies  on  the  very  day,  or  day  before  they  are  to 
meet,   that    they   may   not    lose    the   advantage   of 
travelling  to  New- York,  from   the  remotest  part  of 
that  province,  and  at  a  time  when  it  cannot  be  done 
'without   the   utmost   prejudice   to   their   affairs;    it's 
'  hardly  probable  they  would  be  pleased  under  such  an 
'  administration,  notwithstanding  the  case  of  inform- 
'  ing  your  excellency  every  week  by  the  post,  of  any 
'  emergency  that  might  happen. 

1  We  are  apt  to  believe,  upon  the  credit  of  your  ex- 
'cellency's  assertion,  that  there  may  be  a  number  of 
'  people  in  this  province  who  will  never  be  faithful  to, 
'  or  live  quietly  under  any  government,  nor  suffer  their 
'  neighbours  to  enjoy  any  peace,,  quiet  nor  happiness, 
'  if  they  can  help  it;  such  people  are  pests  in  all  go- 
'  veruments,  have  ever  been  so  in  this,  and  we  know 
'  of  none  who  can  lay  a  fairer  claim  to  these  characters 
'  than  many  of  your  excellency's  favorites. 

'  What  malice  and  revenge  were  in  the  prosecution 
'  of  the  condemned  persons,  we  don't  know  ;  we  never 
'  heard  of  any  till  now,  and  hardly  can  be  persuaded 
'to  believe  it's  possible  there  should  be  in  both  the 
'  instances. 

'  It  is  not  impossible,  there  might  be  malice  in  the 
'  prosecution  of  the  woman  who  was  condemned  for 
'  poisoning  her  husband ;  there  not  being  (as  is  said) 
'plain  proof  of  the  fact,  but  it  was  proved  she  had 
'  attempted  it  before  more  than  once ;  and  there  were 
1  so  many  other  concurring  circumstances  as  did  induce 
'the  jury,  who  were  of  the  neighbourhood  (and  well 
4  knew  h«T  character)  to  find  her  guilty,  and  it  is  hardly 
'  probable  their  so  doing  was  an  act  of  malice. 

'  The  woman  who  murdered  her  own  child,  did  it 
'  in  such  a  manner,  and  so  publickly,  that  it  is  unreason* 
'able  to  suppose  there  could  be  any  malice  in  the  pro- 
'  secution  of  her,  and  we  cannot  think  (notwithstand- 

1  ing 


31G  THE     HISTORY 

A-  D-  '  ing  your  excellency's  assertions)  that  you  can  or  may 
'  believe  there  was.  This  woman  was  a  prisoner  in 
'  the  sheriff's  custody  for  breach  of  the  peace,  and 
'  going  about  some  of  the  household  affairs  the  sheriff 
'  employed  her  in,  with  a  knife  in  her  hand,  her  child 
1  who  was  something  fro  ward,  followed  her  crying ; 
'  upon  which  the  mother  turned  back  to  it  and  cut  it's 
'throat;  but  not  having  cut  it  deep  enough,  the  child 
'still  followed  her  all  bloody,  and  crying,  O  !  mother 
f  you  have  hurt  me  ;  the  mother  turned  back  a  second 
'  time,  and  cut  it  effectually,  and  then  took  it  up  and 
'  carried  it  to  the  sheriff  or  his  wife,  at  whose  feet  she 
1  laid  it:  How  far  such  a  wretch  is  entitled  to  the  queen's 
'  favour,  her  majesty  can  best  tell,  when  she  is  made 
'acquainted  with  the  fact;  but  sure  we  are,  she  never 
'  gave  your  excellency  the  power  of  pardoning  wilful 
'  murder  :  Whether  your  excellency  has  or  has  not  re- 
'  prieved  them,  you  best  know,  and  are  only  accounta- 
'  ble  to  her  majesty  for  your  procedures  therein;  tho' 
'  we  have  too  much  reason  to  believe,  the  favourable 
'  opinion  your  excellency  has  so  publickly  expressed  of 
'  her,  has  been  a  great  reason  to  induce  her  to  make 

'  her  escape,  which  she  has  done. We  thought  it  our 

'duty,  humbly  to  represent  that  matter  to  your  excel- 
'  lency's  consideration,  and  had  reason  to  be  apprehen- 
'  sive  of  the  judgments  of  almighty  God,  whose  infi- 
'  nite  mercy  has  hitherto  suspended  the  execution  of 
'  his  justice,  notwithstanding  that  great  provocations 
'  have  been  given  him,  by  impiety,  prophaneness  and 
'  debauchery,  under  the  mask  of  a  pretended  zeal  for 
'  his  glory,  and  love  for  his  church  :  It  is  not  our  busi- 
'ness  to  enter  into  religious  controversies;  we  leave 
'  them  to  divines,  who  ought  best  to  understand  things 
'  of  that  nature,  and  who  may  perhaps  inform  us  what 
'  is  meant  by  denying  the  very  essence  of  the  saviour  of 
'  the  world. 

'  We    cannot    yet   be    persuaded,   that   an    innocent 
'  person  should  pay  fees  ;    what  the  practice  in  England 

*  is,  we  did   never  enquire,   but   believe,  that   persons 

*  acquitted  by  a  grand  jury,  do  not  pay  those  extra  va- 

'gant 


OF    NEW-JERSEY.  317 


'gant  fees  they  are  made  to  pay  here;  we  did  not  A.  p. 
'govern  ourselves  by  the  practice  there,  but  the  unrea- 
'sonablene-s  of  the  thing;  and  your  excellency  does 
'  grant,  that  what  we  say  is  in  some  measure  to  be 
'allowed,  were  the  juries  in  this  country  such  as  they 
'ought  to  be ;  we  hope  they  are,  and  our  experience  ha* 
'  not  convinced  us,  that  persons  who  under  pretence 
'of  conscience  refuse  an  oath,  have  yet  no  regard  for 

*  the   oaths    they  take,  as  your  excellency  says.      The 
'  temptations   to  resentment  prove  often  too  powerful, 
1  and  irresistably  engage  us  in  unbecoming  heats,  and 
'  when    the    characters  of   men  are  written  with    pens 
Moo  deeply  dipt  in  gall,  it  only  evinces  a  want  of  tem- 
'  per  in  the  writer.     Our  juries  here  are  not  so  learned 
'  or  rich  as  perhaps  they  are  in  England ;  but  we  doubt 
'  not  full   as   honest.     We  thought  the  only  office  for 
'  probate  of  wills  was  ^it  Burlington;    but  your  excel- 
'  Icncy    has    convinced    us,    that    it   is    wherever   your 
4  excellency    is,    and    consequently    may    be   at    York,. 
'  Albany,   the    east  end    of   Long-Island,   or    in    Con- 

*  necticut,  or  New- England,  or  any  place  more  remote- 
'  should   your  excellency's  business  or   inclination   call 
1  you    there;    which   is  so   far  from    milking   it  less  a 
'  grievance,  that  it  rather  makes  it  more  so  ;    and    not- 
'  withstanding    those  soft,  cool,  and    considerate  terms 
'of   malicious,    scandalous    and    frivolous,   with    which 
'your   excellency  vouchsafes  to  treat  the  assembly  of 
'  this  province;    they  are  of  opinion,  that  no  judicious 
'or  impartial  men,  will  think  it  reasonable,  that    the 
'  inhabitants    of    one  province  should    go  into  another 
'  to  have  their  wills  proved,  and  take  letters  of  admi- 
'  nistration  at  Fort  Ann,  from  the  governor  of  Xew- 
'  York,    for    what   should    regularly  be    done    by   the 
'  governor    of    New-Jersey  in    Jersey^  te*  which    place 
'all  the  acts    of   government    relating  to  New-Jersey,. 
4  are  limited    by   the  queen's  letters  patents  under  the 
'great  seal   of    England;   and   when  your  excrllency  is 
'  ab-cnt    from    New-Jersey,  to  be  executed    by  the  lieu- 
4  tenant  governor;    and   by  the  said   letter's  patents  not 
'  the  least  colour  of  authority  is  given  to.  your  excel- 
lency,. 


318  THE    HISTORY 

A.  D.       <  lency,   to    do    any  act    of    government    relating    to 

170<.        'New-Jersey,  any  where  but  in  Jersey;  nor  is  there 

1  any  instruction  (that  we  know  of)  contradicting  the 

'said    letters  patents   any  where  upon    record   in  this 

'  province,  to  warrant  your  excellency's  conduct  in  that 

'  affair :     If  this  be  not  cause,  and  just  cause  of  com- 

'  plaint,  we  do  not  know  what  is ;  we  are  inclined  to 

'  believe,  the  province  of  New- York  would    think  it 

'so,  were    they  to  come  to  Aruboy  or  Burlington, , to 

prove  wills,  &c. 

'  We  do  not  think,  that  what  we  desire,  is  an  inva- 
'  sion  of  the  queen's  right ;  but  what  her  majesty, 
'  without  infringement  of  her  prerogative  royal,  may 
'  assent  to  ;  and  their  late  majesties  of  blessed  memory, 
'  did,  by  their  governor  colonel  Fletcher,  assent  to  an 
'act  made  in  New- York,  in  the  year  1692,  entitled, 
'*  An  act  for  the  supervising  intestates  estates^  and  regu- 
1  lating  the  probate  of  wills,  and  granting  letters  of 
'administration;'  by  which  the  court  of  common  pleas 
'  in  the  remote  counties  of  that  province,  were  im- 
'  powered  to  take  the  examination  of  witnesses  to  any 
•'  will  within  their  respective  counties,  and  certify  the 
'  same  to  the  secretary's  office;  and  the  judges  of  the 
'several  courts  in  those  remote  counties,  impowered 
•'  to  grant  probates  of  any  will,  or  letters  of  adrninistra- 
'  tion,  to  any  person  or  persons,  where  the  estate 
'  did  not  exceed  £.  50 ;  what  has  been  done  there  may 
'  with  as  much  reason  be  done  here,  without  sacrificing 
*  the  queen's  prerogative  royal  to  the  humours  or 
'  caprices  of  any  person  or  persons  whatsoever. 

'  It  is  the  general  assembly  of  the  province  of  New- 
'( Jersey,  that  complains,  and  not  the  quakers,  with 
'  whose  persons  (considered  as  quakers)  or  meetings  we 
'have  nothing  to  do,  nor  are  we  concerned  in  what 
'  your  excellency  says  against  them ;  they  perhaps, 
'  will  think  themselves  obliged  to  vindicate  their  meet- 
'  ings  from  the  aspersions  which  your  excellency  so 
•'  liberally  bestows  upon  them,  and  evince  to  the  world 
•'  how  void  of  rashness  and  inconsideration  your  excel- 
"*  lency's  expressions  are,  and  how  becoming  it  is  for 

'the 


OF    NEW- JERSEY.  319 

*  the  governor  of  a  province  to  enter  the  lists  of  con-        A.  D. 

*  troversy,    with    a    people   who    thought    themsel  ves 
'  entitled  to  his  protection  of  them  in  the  enjoyment 
'  of  their  religious   liberties ;  those   of  them   who  are 
'  members  of  this  house,  have  begged  leave  in  behalf 
'  of  themselves  and  their  friends,  to  tell  the  governor, 
'they  must  answer  him  in  the  words  of  Nehemiah  to 

*  Sanballat,   contained    in    the   8th    verse   of    the   6th 
'chapter   of-  Nehemiah,   viz.    There   is   no   such  thing 
t  done  as  thou  sayest,  but  thou  feignest  them  out  of  thine 
'  own  heart. 

1  We  are  so  well  assured  the  fact  is  true,  that  the 
'  secretary's  office  is  kept  at  Burlington  only,  that  we 

*  si  ill  are  of  opinion  it  is  a  grievance,  for  the  reasons 
4  we  have  assigned  ;  the  proprietors  records  has  not  any 

*  thing  to  do  with  the  secretary's  office,  but  is  an  office 
4  wholly  belonging  to*  the   proprietors,  and   altogether 
'  at  their  disposal ;  and  is  not  a  secretary's  office  kept  at 
4  Amboy,  either  as  far  as  the  nature  of  the  thing  re- 
'  quires  or  can  admit  of,  or  any  way  at  all. 

'  And  as  the  assemblies  and  courts  sit  alternately 
4  at  Amboy  and  Burlington,  so  it  is  highly  reasonable 
'  the  secretary's  office  should  be  kept  alternately  also 
'  at  both  these  places,  or  by  deputy  in  one  of  them, 
'  and  may  be  very  well  done  without  making  two  secre- 

*  tarics. 

'  I>oth   this  and  the  rest  of  our  complaints,  are  not 

'  with  design  to  amuse  the  people,   but  are  just  and 

-nimble;   and  we  believe,   will   by  the   people  be 

1  thought  to  be  grievances  till  they  are  redressed;  who 

'can  no  more  think   it  reasonable,  that  all  the  inhabi- 

'  tants  of  the  ea-tern  division  should  come  to  the  office 

Burlington,  than  that  all  of  the  western  division 

'  should  go  to  Amboy. 

*  \Ve  arc  still  of  opinion,  the  grant  we  complain  of 
'  is  against  the  statute  we  mentioned,  because  it  is  ex- 
;  duHvc  of  others,  and  to  the  prejudice  of  the  publick. 
'  It  can  never  be  thought  reasonable  to  prohibit  any 
'body  to  cart  their  own  goods,  or  any  body's  else,  as 
4  by  virtue  of  that  grant  has  been  done;  and  not  only  in 

'the 


320  T  H  E    H  I  S  T  O  R  Y 

A.  D.  *  the  road  from  Amboy  to  Burlington,  but  in  the-  road 
'  from  Shrewsbury ;  and  a  patent  may  as  well  be 
'  granted  to  keep  horses  to  hire,  by  which  a  man  may 
1  be  hind  red  to  ride  his  own:  It  is  destructive  to  the 
'  common  rights  of  men,  and  a  great  grievance,  and 
'  we  had  reason  to  endeavour  to  get  it  redressed. 

'  It's  true,  a  certain  convenience  for  transportation  of 
'  goods,  is  no  .doubt  of  great  use,  and  the  profit  that 
'  accrues  by  such  undertakings,  is  the  motive  that  in- 
'  duces  any  persons  to  be  at  the  charge  of  them,  and! 
'  providing  n't  carriages  for  that  end,  and  of  ascer- 
' taining  the  times  and  prices  of  carrying ;  and  the  more 
'  providers  of  such  carriages,  the  more  certain  and 
'  cheap  the  transportation,  and  freest  from  imposition ; 
'  and  consequently  the  fewer  carriages,  the  less  certain 
'  and  dearer,  and  the  persons  under  a  necessity  of  using 
'  them  more  subject  to  be  imposed  upon  by  the  carrier ; 
'now  whether  granting  by  which  others  are  excluded, 
'  waving  the  unlawfulness  of  it,  be  a  means  to  increase 
'  the  number  of  the  undertakers  in  that  kind,  or  to- 
'  lessen  them,  and  confine  those  who  have  any  occasion 
'  to  transport  goods,  to  give  such  price  as  he  that  has 
'  the  patent  thinks  fit  to  impose,  we  leave  to  all  men 
'of  common  sense  to  judge;  and  if  experience  may 
'  be  admitted  to  determine  that  matter,  it  is  plain  that 
'  transportation  of  goods,  both  by  land  and  water,  is 
'  dearer  than  it  was  before  the  granting  of  that  patent : 

*  It's  true,  the  certainty  was  not  so  great  as  now;  for 
'  now  we  are  certain  that  a  man  cannot  with  his  own 
'  carts  carry  his   own   goods,  but  that  if  he  does  they 
1  will  be  seized ;  and  if  that  be  one  of  the  conveniences 
'  which   the   wise   people   in   Europe  think  of  absolute 
'  necessity,  we  shall  think  it  no  irony  to  be  called  wiser, 
1  in  differing  from   them,  and  calling  them  monopolies 
'  as  they  are,  and   prejudicial   to  trade,  and   especially 
'  that     between    York    and    Amboy,    Burlington    and 

*  Philadelphia;    which  did    not  owe  it's   beginning  to 
'your  excellency's  patent,  but  was  begun  long  before 
'your  excellency  had  any  thing  to  do  with  New-Jersey, 
'and  in  all  probability  had  much  more  increased  were 

'it 


O  F    N  E  W  -  J  E  R  S  E  Y  .  321 

'  it  not  for  that   patent;  and  we  believe  whenever  the  '     * 

4Lientiemen  of  the   law  will  give  your  excellency  their 

'true   opinion   of  it,   yon    will    not    be   long   in    doubt 

4  whether   'tis   a    monopoly   or    not:    We   thought   it  a 

4  monopoly,  as  we  do  still,  and    a   grievance,  as    is   also 

4  both   that  and  other   grants   made   by  your   excellency 

4  at  fort  Ann  in  New- York,  for  any  thing  in  Jersey. 

'  Your  excellency  has  neither  by  birth   nor  acquisi- 

'tion,   a  right  to  the  sovereignty  of  New-Jersey ;  nor 

4  have  you  any  power  of  governing  the  queen's  subjects 

'  here,  but  what  her  majesty  is  pleased  to  grant  you  by 

'  her   letter.-  patents,  under   the  great  of  England  ;  by 

4  which  letter.-  patents  the  powers  therein  contained,  are 

*  limited  to  that  country,  which  was  formerly  granted  by 

'  king  Charles  the  second,  under  the  name  of  Nova  Cae- 

4  saria  or  New-Jersey,  and  which   has  since  been  subdi- 

4  vided  by  the  proprietors,  and  called  East  New-Jersey, 

4  and  West.  New-Jersey,  and  which  her  majesty  is  pleased 

'  to  reunite   under  one  entire  government,   viz.  "  The 

44  divisions  of  East  and  West  New-Jersey,  in  America  ; 

44  and  in  case  of  your  excellency's  death,  or  absence  from 

4>  that  country,  which   was  subdivided  by  the  proprie- 

4-  tors,    and   called  East  New- Jersey   and    West  New- 

"  Jersey,    the    powers   of   government   are    lodged    in 

44  other   hands."     Now    either   fort   Ann    and  the  city 

4  of   New- York,   is  in   that  country    granted    by    king 

4  Charles  the  se.-ond,  and  sub-divided   by   the  proprie- 

4  tors   thereof,   and   called    East   New- Jersey  and   West 

4  New-Jeisey;  or  your  excellency  is  absent  from  New- 

4  Jer-ey,  when  yon  are  at  fort  Ann  in  New- York  ;  that 

4  fort  Ann  is  in  New-Jersey,  we  believe,  that  even  your 

'excellency  will  think  impracticable  to  persuade  us  to 

4  do   so    much    violence  to  our   reason    as    to    believe; 

'therefore  your  excellency  when  at  fort  Ann,   or  any 

4  where    in    New- York,    is    absent    from    New-Jersey; 

4  and  what  the  consequence  is  we  need  not  say,  thinking 

4  the   pretence  of  a   power   to  do   acts   of  government 

'relating   to    New-Jersey,  at  fort  Ann,  in  New-York, 

4  to  be  so  manifestly  absurd,  as  to  need  nothing  further 

'  to  be  said  against  it. 

x  '  There 


322  T  H  E    H  I  S  T  O  R  Y 

A.  D.  'There   is    nothing    more    common    in    the   statutes 

170/.         'than    the   establishing   fees,   and    we   are   of  opinion 

'  that  all  fees  have  been  established  by  act  of  parlia- 

'ment;   and  indeed  it  seems  to  us  unreasonable  they 

*  should  be  established  by  any  other  authority  ;  for  if 
'  a   governor,  either   with  or  without  his  council,  can 
'appoint  what  sums  of  money  shall   be  paid  for  fees, 

*  he  may  make  them  large  enough  to  defray  the  charge 
'  of  government,  without   the   formality  of  an  act  of 
'  assembly,  to  raise  a  revenue  for  the  necessary  support 
'  of  the  same  ;  and  if  it  does  not  come  up  to  the  taxing 
'  of    the    queen's    subjects,    without   their   consents   in 

*  assembly,  we  are  to  seek  what  does. 

'  We  cannot   think   the  clause  of  your  excellency's 

*  instructions,  which  we  have  recited,  to  be  so  foreign 
'to  the  matter  of  fees,  as  your  excellency  says  it  is; 

*  for  the  enforcing  the  payment  of  fees  by  any  autho- 
rity   but    that   of  the   assembly's,   is   taking  away  a 

'  man's  goods  otherwise  than  by  established  or  known 
( laws,  except  the  act  of  a  governor  and  council  be  a 

*  law,  which  we  think   is  not,  nor  never  intended  by 
( the  queen  it  should ;  nor  do  we  think,  by  the  instruc- 
tions your  excellency  mentions,  you  are  to  establish 
'fees;    but  only  to  regulate  those  already  appointed, 
'  and  to  take  care  that  no  exaction  was  used ;  but  if  it 
'  did,   your   excellency   has  convinced   the  world,   that 
'  you  do  not  think  yourself  bound  by  the  queen's  in- 
'  structions,  but  where  the  law  binds  also. 

1  As  in  the  case  of  Ormston,  where  nothing  could 
'  be  more  positive  than  her  majesty's  directions ;  yet 
'your  excellency  did  not  think  yourself  ministerial, 
'  or  by  not  complying  with  her  majesty's  orders,  that 
'you  accused  the  best  of  queens,  with  commanding 
'  her  governor  to  do  a  thing  which  was  not  warranted 
'by  law;  nor  never  enquired,  whether  the  refusing 
'  obedience  to  her  commands,  was  a  fit  return  for  the 
'  many  favours  she  had  bestowed  upon  you ;  but  go- 
'  vern'd  yourself  in  that  singular  instance  as  near  as 
'  you  could  by  the  law.  The  seventh  clause  was  not 
'  put  in  to  arraign  the  queen's  express  commands  to 

'your 


OF    NEW- JERSEY.  323 

*  your  excellency  ;    but  to  complain  of  the  great  hard-        A.  D. 

*  ships  her  majesty's  subjects  lay  under,  by  your  excel- 
'  lency's  putting  the  records  there  mentioned,  into  the 
'  hands  of  Peter  Sonmans,  who  is  not  the  proprietor's 
'  recorder,    nor    had    no   express   command    from    the1 
'queen  to  put  the  books  into  his  hands;    and  may  in 
'  part  answer  the  challenge  made  by  your  excellency  in 
4  the  last  part  of  the  next  foregoing  clause  ;    for  your 

*  c  \.-ellency  had  commanded  the  said  records  to  be  put 
'into  the   hands  of   Mr.  Bass,  the   queen's   secretary; 

*  u p    which,    application    was    made   to    her    majesty, 

*  who  was  pleased  to  give  an   order  in   favour  of  the 

*  proprietors  ;     and    without   all    perad venture,    it    was 

*  intended  they  should  be  in  the  hands  of  the  proprie- 
1  tor's    recorder,  which    Mr.  Thomas    Gordon    was   at 
'that  time,  and  regularly  is  still,  being  constituted  by 
' the  majority  of  the  proprietors  in  the  eastern  division, 
'  and  by  your  excellency  sworn  ;   rnr.  John  Barclay  was 
'  also    by   your  excellency  sworn,  and    a  proclamation 

*  issued  in  his  favour;   since  which  Mr.  Peter  Sonmans 
1  arrived   from  England,  and   upon  application   to  your 

ileiicy,  was  by  your  excellency,  admitted  receiver 
'  general  of  the  quit  rents,  and  the  proprietors  records 

*  by  your  excellency  put  into  his  hands;    which,  with 
1  submission,  we  think  could  not  be  done  regularly  by 
'your  excellency:     For  in   the  first  place,  they  were 
'constituted  by  the  majority  of  the  proprietors,  whose 

*  servants  they  were,  and  to  whom  they  were  account- 
'  able,  and  to  none  else. 

k  '1.    Tlioe  places  were  the  properties    of   Mr.  Tho- 

*  mas  Gordon  and  Mr.  John  Barclay  ;    and  to  deprive 
4  them    of   them,   without  due  course  of  law,  is  what 
'your  excellency  has  no  authority  to  do,  nor  can  have. 

'  3.   Whether    they   were    made    by   the   greater   or 

••I'  the   proprietors,  your  excellency  was  no 

4  ways    concerned,  nor    had    any  right  of    determining 

'  in    the  favour  of   either  one  or  other,  the  law  being 

1  OJHMI  to  any  who  thought  themselves  aggrieved. 

1  1.   TJIOM:   books  and   records  were  the  properties  of 
'the  general  proprietors;   and   if  your  excellency  can 

dispossess 


324  THE     HISTORY 

.  IX  *  dispossess  any  proprietor  of  them  (for  Thomas  Gordon 
<  was  a  proprietor)  and  put  them  into  the  hands  of 
'  another,  you  may  by  the  same  rule  dispossess  any 
*  one  of  their  goods,  and  give  them  to  who  you  think 
'fit,  and 'any  proprietor  of  their  property,  and  give 
1  it  to  which  of  the  proprietors  you  think  fit,  as  is 
'  actually  done  by  your  excellency  in  the  case  of  Son- 
'  mans ;  and  was  attempted  with  the  same  violence  in 
'  favour  of  Mr.  Bass :  It  will  not  be  a  sufficient  answer 
'  to  this,  to  say,  Sonmans  was  proprietor's  agent ; 
'  which  whether  he  was  or  was  not,  your  excellency 
'  had  no  right  to  determine  to  any  other  purpose  but 
'  administering  an  oath  to  him,  after  which  he  was  of 
'  course  to  be  allowed ;  and  so  ought  as  many  agents 
'as  the  proprietors  made,  who  were  not  accountable 
'  to  your  excellency  for  any  procedures  in  the  proprie- 
'  tors  affairs,  that  were  not  unlawful. 

'  5.  Sonmans  neither  had,  nor  pretended  to  have,  at 
'  that  time  (whatever  he  has  done  since)  any  right  or 
f  colour  of  right,  to  be  the  proprietors  recorder,  not 
'any  mention  being  made  of  it  in  that  very  lame 
'  commission  he  had ;  and  were  he  to  have  the  top  of 
(  his  pretences,  it  would  but  to  be  deputy  to  a  person  in 
'  England  ;  and  whether  he  has  a  right  or  not,  is  a  great 
'  question,  and  regularly  only  determinable  at  the 
'  common  law ;  but  your  excellency's  shorter  method 
(  of  procedure  saves  disputes  of  that  kind  :  If  this  be 
'  acting  according  to  established  and  known  laws,  not 
'repugnant  to,  but  as  agreeable  as  may  be,  to  the 
'  laws  of  England  ;  if  this  be  administering  those  laws 
'  for  the  preservation  and  protection  of  the  people, 
'we  would  be  very  gladly  informed,  what  perverting 
'  of  them  can  be  ;  as  to  the  matter  of  fact,  we  aver  it 
'  to  be  truth,  that  Mr.  Sonmans  did  not  reside  in  the 
'  province,  had  not  given  security  for  the  keeping  of 
'  those  records,  as  by  the  queen  is  positively  directed, 
'  they  were  carried  out  of  the  Eastern  division,  and  were 
'  produced  at  the  supreme  court  at  Burlington  at  the 
'  time  of  our  complaint. 

'  Those 


OF    NEW-JEB8EY.  325 

'Those   things,   and   that  gentleman's  character,  are        A.  D. 
4  so  well  known,  that  it  is  needless  to  offer  anything        1707> 
4  else  in  justification  of  that  reasonable  request  we  made,  . 
'  that  they  might  be  so  kept  as  her  majesty's  subjects 
'  might    have    recourse  to  them,  and  in  the  hands  of 
'  such  of  whose  fidelity  there  is  no  reason  to  doubt. 

'  These,  may  it  please  your  excellency,  were  the 
'  grievances  we  complained  of;  and  they  were  but  a 
'small  number  of  many  we  could  with  equal  justice 
'remonstrate;  and  which,  notwithstanding  those  soft, 
'cool,  and  considerate  terms  of  false,  .  scandalous, 
'  and  malicious,  and  other  bitter  invectives  which  your 
'  excellency  so  often  uses  to  the  representative  body  of 
4  a  country  ;  we  are  still  of  opinion,  they  are  not  imagi- 
'  narv,  but  real  grievances,  not  false,  but  God  knows 
4  too  true ;  and  which  it  was  our  duty,  in  discharge  of 
'  the  trust  reposed  in  ifs,  to  get  redress'd. 

'Our  sad  experience  has  convinced  j us,  that  our 
4  endeavours  have  not  met  with  a  success  answerable  to 
'  what  might  reasonably  be  our  expectations,  and  that 
4  in-tead  of  redressing  the  grievances  of  the  country, 
'  their  number  is  encreased :  Before  we  enumerated 
4  those  grievances  of  an  higher  nature,  and  attended 
'  with  worse  consequences,  we  first  said,  the  treatment 
^the  people  of  New-Jersey  had  received,  was  very 
'  different  from  what  they  had  reason  to  expect  under 
'the  government  of  a  queen  deservedly  famous  for  her 
'just,  equal  and  mild  administration;  that  the  hard- 
4  ships  they  endured,  were  not  owing  to  her  majesty, 
'  who  they  were  well  assured,  would  by  no  means,  make 
'  any  of  her  subjects  miserable,  nor  continue  their  mis- 
'  fortunes  were  she  acquainted  with  them,  and  in  her 
'  power  to  give  them  relief;  but  that  the  oppressions 
'they  irroaiicd  under,  were  the  unkind  effects  of  inis- 
'  taken  power;  and  what  these  effects  were,  and  who 
'  the  cause  of  them,  we  proceeded  to  shew;  and  if  the 
'  instance-  we  there  give,  be  true,  it  will  then  appear  to 
'the  world,  that  the  expressions  we  have  used,  are  the 
'softest  could  be  chosen,  and  very  far  short  of  what 
'the  nature  of  the  thing  could  bear,  and  that  these 

'bold 


326  THE    HISTORY 

A.  D.        <  bold  accusers  are  a  sort  of  creatures  called  honest  men, 

1707.         'just  to  the  trust  reposed  in  them  by  the  country,  who 

•  '  will  not  suffer  their  liberties  and  properties  to  be  torn 

'from  them   by  any  man,  how  great  soever,  if  they 

'  can  hinder  it. 

'  And  that  the  reasonableness  of  our  complaints  may 
( appear  the  plainer,  we  shall  consider  what  your  excel- 
'  lency  has  said  in  answer,  and  leave  it  to  our  superiors, 
'and  to  all  just  and  impartial  men,  whether  we  are  not 

*  a  people  the  most  abused   of  any   of  her   majesty's 
"  subjects. 

1  As  to  the  first  instance,  your  excellency  does  acknow- 
ledge the  fact  to  be  true,  and  offers  the  following 
'reasons  to  justify  your  conduct  to  the  council  of  pro- 

*  prietors :  The  first  is,  that  by  her  majesty's  directions 
( you  are  to  allow  of  all  such  agents  as  the  general  pro- 
'  prietors  shall  appoint,   such  agents  qualifying  them- 
'  selves  by  taking  such  oaths  as  the  queen  is  pleased  to 
( direct,  and  no  other ;  that  no  persons  under  the  name 
'  of  a  council  of  proprietors,  have  ever  tendered  them- 
' selves  to  take  such  oaths;  consequently  they  are  not 
'  capable  of  acting  as  agents. 

'  2.  That  the  council  of  proprietors  are  a  people 
'pretending  to  act  by  a  power  derived  from  certain 
'  persons  who  have  no  power  to  grant,  and  that  this  a 
1  truth,  viz.  that  they  are  a  people  pretending  to  act 
'  by  a  power  derived  from  certain  persons,,  who  had 
'  no  power  to  grant,  your  excellency  is  satisfied ;  besides 
'  other  reasons,  by  this  in  particular,  that  the  assembly 

*  have  voted  to  put  the  records  into  the  hands  of  Peter 
'  Sonmans,  to  be  a  grievance ;   whereas  their  not  quali- 
'  fying  themselves  is  a  greater  grievance.     To  set  this 
'  matter  in  a  true  light,  it  will  not  be  improper  to  pro- 
'duce   the   words   of  the   instructions;    which  are   as 
'  follows :  "  You  are  to  permit  the  surveyors  and  other 
"persons    appointed    by    the    Aforementioned    general 
"  proprietors  of  the  soil  of  that  province,  for  surveying 
"and  recording  the  surveys  of  lands  granted  by  and 
"  held  of  them,  to  execute  accordingly  their  respective 
"  trusts :  And  you  are  likewise  to  permit,  and  if  need 

'be 


OF    NEW-JERSEY.  327 

"  be,  to  aid  and  assist  such  other  agent  or  agents,  as        A.  D. 

"  shall  he  appointed  by  the  said  proprietors  for  that  end, 

"  to  collect  and  receive  the  quit  rents,  which  are  or  shall    . 

"he 'due  unto  them,  from  the  particular  possessor  of 

"any  tracts  or  parcel  of  land  from  time  to  time;  pro- 

"  vided   always,  that  such  surveyors,  agents,  or  other 

"  officers  appointed  by  the  said  general  proprietors,  do 

"  not  only  take  proper  oaths  for  the  due  execution  and 

"  performance   of  their  respective  offices  and  employ- 

"  incuts,    and    give   good    and    sufficient    security    for 

"  their  so  doing;  but  that  they  likewise  take  the  oaths 

"  appointed  by  act  of  parliament  to  be  taken  instead 

"of  the   oaths   of  allegiance  and  supremacy;   as  also 

"  the  test,  and  subscribe  the  'forementioned  association; 

"all    which  you  are   accordingly   to    require  of  them, 

"  and  not  otherwise  to  admit  any  person  into  any  such 

"  office   or   employment."     After   the   proprietors   had 

*  surrendered   their  power   of  government,  relating  to 
'  their  soil,  they  were  under  a  necessity  of  employing 
'  persons,  to   survey  and  record  the  surveys  of  lands 
'  granted   by   and  held  of  them ;    and  in  the  Eastern 
(  division,  several  quit  rents  .being  due  to  them,  there 
'  was  a  necessity  of  having  one  or  more  agents  to  col- 
'  lect  and  receive  those  rents ;  which  persons  (because 
1  the  crown  intended,  that  the  proprietors  by  the  surren- 
1  dcr  of  their  government,  should  by  no  means  be  inse- 
'  cure  in  their  properties)  your  excellency  was  directed 
'  not  only  to  permit  such  officers  to  be  and  execute  their 
'  respective  trusts,  but  also  to  aid  and  assist  them,  if 
'  need   were ;  and   because  such  offices  were  places  of 

*  trust,  both  with  respect  to  the  proprietors  and  the  in- 
'  habitants,  it  was  directed,  that  they  should  take  pro- 

*  PIT  «»atlis,  and  give  good  and  sufficient  security;  and 
1  that  they  who  enjoyed  those  places  of  trust,  might  be 
'  persons  well  ail'ected  to  the  present  government,  there 
'  was  especial  care  taken,  to  direct,  that   they    should 
Make   the  oaths  appointed  by  act  of  parliament  to  be 

*  taken,  which  your  excellency  was  to  require  of  them, 
'and    not   otherwise   to   admit   them   to   execute  those 

*  trusts:    From   all   which    we   observe,  first,  that   no 

1  agents 


328  T  H  K    HISTORY 

A.  D.  'agents  are  concerned  in  that  instruction,  but  such  as 
'  were  to  survey  and  record  the  surveys  of  lands,  and 
'collect  the  quit-rents. 

1  2.  That  the  proprietors  were  not  limited  to  employ 
'a  certain  number  of  agents,  but  might  employ  as 
'  many  as  they  thought  fit ;  all  which  your  excellency 
'  was  to  aid  and  assist  if  need  were. 

'  3.  Your  excellency  was  not  to  expect  while  they 
'tendered  themselves  to  take  the  oaths  appointed,  but 
€  to  require  them  to  take  them ;  and  upon  their  refusal 
'  not  to  admit  them ;  for  it  was  impossible  they,  or  any 
'else,  should  deem  themselves  bound  by  the  queen's 
'instructions  to  certain  performances,  except  such 
instructions  had  been  made  publick,  and  they  made 
'acquainted  with  it. 

'  Now  in  the  first  place,  your  excellency  never  pub- 
'  lished  any  such  instruction,  nor  ever  did  require 
'  those  agents  called  the  council  of  proprietors  to 
'  comply  with  it  by  taking  any  oaths. 

'  2.  The  council  of  proprietors  are  not  such  agents 
'  as  the  instructions  mention. 

'  3.  Were  that  instruction  binding,  your  excellency 
'  has  by  no  means  complyed  with  it ;  for  the  surveyor 
'  appointed  by  the  proprietors  of  the  western  division, 
'  has  several  times  tendered  himself  to  take  and  sub- 
'  scribe  according '  to  her  majesty's  directions,  and 
'  has  been  refused. 

'  4.  Mr.  Sonmans,  tho'  a  bankrupt,  and  his 
'powers  disputed,  admitted  to  keep  the  records  of 
'  the  eastern  division,  and  that  without  any  security ; 
'  and  persons  who  were  sworn  to  those  places,  and 
'  employed  by  proprietors,  and  a  greater  number,  not 
'only  not  permitted  to  act,  but  deprived  of  their 
'  places  (with  which  your  lordship  had  nothing  to  do) 
'  without  a  due  course  of  law,  forceably  by  your  lord- 
'  ship's  directions. 

'  Lastly,  the  council  of  proprietors  are  attornies 
'  to  private  men,  for  the  taking  care  of  their  several 
'  properties,  and  are  neither  concerned  in  that  instruc- 
'tion,  nor  bound  by  it;  if  they  were,  we  shall  not 

'  dispute 


O  F    X  EW-JEB8EY.  329 

'dispute  hmv  far  that  instruction  may  he  a  law  to  your   '     A-  T)- 
'  lordship,    but    we   are   sure  'tis  so  to  no    body    else, 
Mmt  \v  he  re  the  laws  of  the  land   bind  without  it;  and 

*  it'  so,  'tis   i  m  sufficient  warrant   to  destroy  any   man's 

*  property,   or  deprive   him   of  the   use  of  it,   without 
'the  judgment  of  his  peers;  for  your  lordship  cannot 
'  but  know,  if  you  do  not,  the  last  clause  of  the  peti- 
tion of  right  will   toll  you,  that  the  queen's  servants 
'are  to  serve   her  according  to   law,  and   not  otherwise; 
'and    every  gentleman    of   the    law  can    inform    your 

v,    if   he   pleased,   that  the  queen's  authority 


'or  warrant  produced  (if  you  had  done  any  such 
'thin"1)  cannot  justify  the  commission  of  an  unlaw- 
'  fnl  act  ;  which  tins  certainly  must  be,  except  the  law 
1  provides  that  no  man  must  make  an  attorney  but 
'  with  your  lordship's  approbation  :  As  to  the  second 

*  iv.ison,    to    use    your  'excellency's   expressions,    if   we 
'could  wonder  at  any  tiling  your  excellency  has  done, 
'  it  would   be  at  the    reason    your   excellency  gives,  as 
'  much  as  at  the  action  ;  it  being  a   plain   pretending  to 
'a   right   of  judging  solely  who  have  a  right  to   their 
'  c-taics,   and    who    not,   and    according    to    that  judg- 

*  incut  to  permit  them  to  retain  or  force   them   to  part 
'with    their    possessions;    for    in    the    first    place,   that 
4  matter   was   never  brought   before  your   lordship,  and 
'  what    information    you     had    (if   you    had    any)    was 
4  private;  and  \vearetold  no  freeman  can  be  dispossessed 
'of    his    freehold    but    by  judgment    of  his    peers,   or 
'the  law  of  the  land  ;  but  here  is  at  once  a  determina- 
tion,   that    a    number   of  proprietors,    nigh  or  above 
4  nine    tenths   of  tin-   whole,    have    no   right   to   grant, 
'and    accordingly    they    are    prohibited    taking    up    or 
'disposing  of  their  lands;  for  the  council  of  proprie- 
'  t.»r>.    are    all      proprietors     themselves,    except     mr. 
'  Morris    their    president  ;  and    we    can't    see,    but  any 
'freeman,  or  number  of  freemen  in  the  province,  may 
'  be  dispossessed  by  I  he  >;ime  measures;  Tor  'tis  but  your 
'  lordship's   saying,   the   persons   they    had    their    lands 
'from,  had   no  right   to  grant,  and   then  order  the  pos- 

to  make   no  further  improvements,  nor  to  dis- 

'  pose 


330  THE    HISTORY 

A.  D.        *  pose  of  any  of  their  lands  ;  and  thus  conclude  them 
1707.        t  without    the    tedious    formality   of    the    old    magna 
( charta  way ;  and  who  is  hardy  enough  to  dispute  with 
'a  man  that  commands  two  provinces? 

'  2.  What  your  excellency  asserts,  with  relation  to 
'the  council  of  proprietors,  viz.  that  they  were  per- 
'sons  deriving  a  power  from  those  who  had  no 
'  right  to  grant,  is  what  your  excellency  neither  did, 
'  nor  could  know;  that  you  did  not  know  it,  nothing 
'is.  more  plain;  because  your  excellency  some  days 
'after  your  lordship's  answer  to  our  remonstrance, 
( summoned  some  of  the  council  of  proprietors  before 
'  yourself  in  council,  and  there  asked  them  the  follow- 
'  ing  questions,  viz.  First,  who  the  late  council  of 
'  proprietors  were  ?  Secondly,  who  were  the  present 
'council  of  proprietors?  Thirdly,  who  they  derived 
'  their  powers  from?  Fourthly,  what  their  powers  were? 
'  By  which  it  appears,  your  excellency  neither  knew 
'  who  the  council  of  proprietors  were,  what  their 
'  powers  were,  nor  who  they  derived  them  from ; 
'  which  is  very  far  from  knowing  whether  the  persons 
'  who  gave  them,  those  powers,  had  power  to  grant  or 
'  not ;  and  that  your  excellency  could  not  know,  is  as 
'  plain ;  because  the  deeds  of  what  proprietors  are  in 
'this  country,  you  never  did  see;  and  those  that  are 
'  in  England,  you  could  not  see. 

'  How  your  excellency  is,  from  our  voting  the  put- 
'  ing  the  records  into  mr.  Sonmans  hands  to  be  a  grie- 
'  vance,  satisfied  that  the  persons  from  whom  the 
'council  of  proprietors  derive  their  power,  have  no 
'  power  to  grant ;  is  very  much  beyond  our  poor  capa- 
'  cities  to  understand,  and  may  perhaps  be  of  the 
'  number  of  those  unanswerable  objections  your  lord- 
'  ship  tells  us  of  in  your  answer.  To  the  next  clause 
'  your  lordship  justifies  your  proceedings  with  thd 
'  assemblymen,  as  being  your  duty ;  and  that  what 
'  you  did,  was  by  virtue  of  the  queen's  instructions ; 
'  how  far  they  will  justify  your  excellency's  conduct 
'  is  our  next  business  to  speak  to  ;  but  in  the  first  place 
'  we  are  obliged  to  your  excellency,  for  ackuowledg- 

<ing 


O  F    N  E  W  -  J  E  R  S  E  Y .  331 

'ing  the  matter  of  fact;   which  tho'  notoriously  known,        A.  D. 
'  was    omitted    to   be   entered   in   the  journals  of  this        1707' 
'  house,    by    your    excellency's    faithful    servant,   inr. 
'  William  Aixlrison,  lute  clerk  of  this  house. 

*  By  the  queen's  instructions,  not  the  least  colour  of 
'authority  is  given  to  your  excellency,  to  be  a  judge 
'of  the  qualifications  of  assemblymen,  so  as  to  admit  or 
'reject  them;  which  is  not  only  a  direct  contradiction 
' to  the  very  nature  and  being  of  assemblies,  but  must 
'render  the  liberties,  lives  and  properties  of  the  people 
'entirely  at  your  excellency's  disposal;  which  as  her 
'  majestv  never  intended,  so  without  doubt  she  never 
'did  intend  by  any  instruction  to  make  so  precarious; 
'and  how  well  she'll  be  pleased  at  wresting  her  instruc- 
'  tions  to  authorize  what  we  are  well  satisfied  she  will 
'  be  very  far  from  countenancing,  time  may  inform 
'us:  This  house  coul<5  not  be  so  much  wanting  to 
'  themselves,  and  the  province  they  represent,  as  to 
'omit  taking  notice  of  a  procedure,  which  tends  to 
'  destroy  the  very  being  of  assemblies,  by  rendering 
'  them  the  tools  of  a  governor's  arbitrary  pleasure,  and 
'  the  enemies  instead  of  the  preservers  of  the  liberties 
'  of  their  country ;  and  we  'are  well  assured,  that  no- 
'  thing  your  excellency  has  said,  will  perswade  the 
'  world  to  believe,  that  your  excellency  or  any  other 
'  governor,  has  that  power  you  pretend  to,  or  that  it 
'can  he  consistent  with  the  liberties  of  a  free  people. 

'  That  there  were  considerable  sums  of  money  raised ; 
'  that  most  of  them  were  raised  with  intent  and  purpose 
'  to  give  to  your  lordship,  to  procure  the  dissolution 
'  of  the  last  assembly,  and  procure  such  officers  as  the 
'contributors  should  approve  of;  that  in  all  proba- 
'bility  the  money  so  raised,  was  given  to  your  lord- 
'ship;  that  the  assembly  was  dissolved;  that  the  con- 
'tributors  were  complied  with  as  far  as  could  be; 
'that  you  did  receive  from  doctor  John  Johnston, 
'two  hundred  pounds,  upon  the  score  of  the  pro- 
'  prietors  of  the  eastern  division  of  New-Jersey;  are 
'  such  notorious  tuths,  that  it  is  a  vanity  to  deny 
'them;  and  will  be  believed,  notwithstanding  all  the 

'force 


332  THE    HISTORY 

A.  T).  <  force  of  evasive,  arts  to  persvvade  to  the  contrary : 
1707.  (  And  since  we  have  mentioned  doctor  Johnston,  it's 
'  not  amiss  to  enquire,  whether  the  services  you  were 
1  to  do  the  proprietors  were  such  as  your  lordship 
1  ought,  or  ought  not  to  have  done ;  if  they  were  such 
'  as  you  ought  to  have  done,  you  ought  riot  to  have 
'taken  money  for  the  doing  of  them  ;  if  they  were  such 
1  as  you  ought  not  to  have  done,  much  less  ought  your 
'lordship  to  have  taken  money;  and  had  you  not  been 
'  more  than  ordinarily  concerned  in  those  private  con- 
'  tributions,  without  all  peradventure  would  have  used 
'  all  possible  endeavours  to  have  detected  the  thing,  and 
'  not  given  those  publick  marks  of  your  favour  to  the 
'  persons  most  concerned  in  the  persuading  and  pro- 
'  curing  of  them. 

'  As  to  what  relates  to  the  assembly,  as  your  lord- 
'  ship  is  not  accountable  to  this  house  for  what  reasons 
'you  dissolved  them,  neither  is  this  house  to  your  lord- 
'ship  for  their  proceedings;  they  acted  as  became  a 
'house  of  representatives  in  the  affair  of  Mr.  Gordon, 
'  and  what  they  did,  was  not  without  your  lordship's 
'  approbation  ;  if  that  could  add  any  thing  to  the  power 
'  they  had ;  As  to  your  excellency's  reflections  on  pri- 
'  vate  men,  'tis  below  the  representative  body  of  a 
'  province  to  take  any  further  notice  of  them,  than  to 
•'  do  that  justice  to  the  two  worthy  members  of  this 
'  house,  as  to  say,  they  both  have,  and  deserve  better 
'  characters  than  your  excellency  gives  them ;  and  that 
'  the  humblest  application  you  can  make  to  her  majesty 
'  will  never  induce  her  to  grant  you  a  power  to  use  any 
'  means  to  procure  a  satisfaction  but  what  the  laws 
'  allow  of,  without  such  application :  We  concluded, 
'  by  acquainting  your  excellency,  that  the  way  to 
'  engage  the  aifections  of  a  people,  was  to  let  them  be 
'  unmolested  in  the  quiet  enjoyment  of  those  things 
'  which  belong  to  them  of  right,  and  should  have  dated 
'  our  happiness  from  your  excellency's  complying  with 
'  so  reasonable  and  just  a  desire ;  to  which  your  exoel- 
'  lency  replied,  that  you  could  never  answer  taking 
"*  advice  from  men,  who  did  not  know  how  to  govern 

1  themselves 


OF    NEW -JERSEY.  333 

'themselves,  and   who  have  always  opposed  the  service        A.  p. 

'of  the  queen,  and  interest  and   good  of  their  country: 

'  \Ve  shall   wave  the  admirable  coolness  of  temper,  and 

'  consideratem>>  of  the  reflection  ;   and  say,  your  excel- 

'  lenev  eould  hardly  have  used  plainer  terms,  to  tell   us, 

'  vi iti  will  not  let  us  be  quiet  in  the  enjoyment  of  what 

'  belongs  i<>  us  of  right;  and  your  excellency's  proceed - 

1  iiiLi>    Hiice   that,   has  effectually  convinced  the  world, 

'that  we  have  not  put  a  wrong  construction  on  your 

•llency's  expressions. 

'  Are  not  her  majesty's  loyal  subjects  haul'd  to  goals, 

'  and  there  lie  without  being  admitted  to  bail?  and  those 

'  that  are  the  conditions  of  their  recognizances  are,  that 

'if  your  excellency  approves  not  of  their  being  bailed, 

they  shall  return  to  their  prisons ;  several  of  her  maje- 

sty's  good  subjects  forced  to  abscond,  and  leave  their 

habitations,  being  threatened  with  imprisonment,  and 

no  hopes  of  receiving  the  benefit  of  the  law  ;    when 

your  excellency's  absolute  will  is  the  sole  measure  of 

it:     One  minister  of  the  church  of  England,  dragg'd 

'  by  a  sheriff  from   Burlington   to  Am  boy,  and   there 

'  kept  in  custody,  without  assigning  any  reason  for  it, 

'  and  at  last  haul'd  by  force  into  a  boat  by  your  excel- 

'  lency,   and    transported    like  a  malefactor,  into    ano- 

'  ther  government,  and  there  kept  in  a  garrison  a  pri- 

'  soner  ;    and  no  reason  assigned  for  these  violent  proce- 

'  dures,  but  your  excellency's  pleasure  :     Another  iniiii- 

'  nister  of  the  church  of  England,  laid  under  a  necessity 

'  of  leaving  the  province,  from  the  reasonable  appre- 

Miensions    of  meeting   with    the    same    treatment;    no 

'  orders  of  men  either  sacred  or  civil,  secure    in    thueir 

'  lives,  their  liberties  or  estates  ;    and  where  these  proce- 

'  dures  will  end,  God  only  knows. 

'  If  these,  and  what  we  have  named  before,  be  acts 
'  of  mercy,  gentleness  and  good-nature ;  if  this  be 
'doing  for  the  good,  welfare  and  prosperity  of  the 
'  people  of  this  province;  if  this  be  the  administering 
'  laws  for  the  protection  and  preservation  of  her  majesty's 
'  subjects;  then  have  we  been  the  most  mistaken  men, 
*  iu  the  world,  and  have  liad  the  falsest  notion  of  things  ; 

^calling 


334  THE  HISTORY 

A.  B.  '  calling  that  cruelty,  oppression  and  injustice,  which 
1707.  <are  their  direct  opposites,  and  those  things  slavery, 
'  imprisonment  and  hardships,  which  are  freedom, 
'  liberty  and  ease ;  and  must  henceforth  take  France, 
*  Denmark,  the  Muscovian,  Ottoman  and  Eastern 
'  empires,  to  be  the  best  models  of  a  gentle  and  happy 
f  government. 

'  Your  excellency  at  last  endeavours  to  persuade 
f  the  country,  that  the  assembly,  instead  of  protecting 
( are  invading  the  liberties  of  the  people;  and  if  we 
'  might  have  the  liberty  of  using  some  of  your  excel- 
'  lency's  cool  and  considerate  terms,  perhaps  the  fol- 
'  lowing  instances  might  justify  those  expressions;  but 
'we  leave  that  to  just  and  impartial  men,  who  no  doubt 
'  will  apply  them  where  they  are  most  due. 

'  Your  excellency  asserts  in  the  first  place,  "  You 
"  have  presumed  to  take  the  queen's  subjects  into  the 
"  custody  of  the  serjeant  at  arms,  who  are  not  members 
"  of  your  house ;  which  you  can't  lawfully  do,  and  is 
"  a  notorious  violation  of  the  liberties  of  the  people." 
( Answer :  There  is  nothing  more  known,  than  that 
'the  contrary  to  what  your  excellency  says,  is  true, 
'and  hardly  a  session  of  parliament  but  affords  multi- 
( tudes  of  instances,  nay,  several  instances  can  be  pro- 
(  duced  during  the  time  of  your  excellency's  being  in 
'the  house  of  commons;  and  what  your  excellency 
'  means  by  asserting  a  thing,  which  every  body  that 
'  knows  any  thing,  knows  is  not  so,  we  can't  tell. 

'  Secondly,  "  You  have  taken  upon  you  to  admini- 
"ster  an  oath  to  one  of  your  members,  and  have 
"expell'd  him  from  the  house  for  refusing  to  take  an 
"oath  which  you  could  not  legally  administer  to  him; 
"this  is  most  certainly  robbing  that  member  of  his 
"  property,  and  a  most  notorious  assuming  to  your 
"  selves  a  negative  voice  to  the  freeholders  election  of 
"  their  representatives,  for  which  there  can  be  no  pre- 
"  cedent  found."  Answer:  We  nover  did  administer 
'an  oath,  (tho'  we  think  we  have  power  so  to  do) 
'what  oaths  were  administered  were  administered  by 
'justices  of  the  peace  before  us:  We  expell'd  that 

'  member 


O  F    N  E  W  -  J  E  R  S  E  Y .  335 

*  member  for  several  contempts ;  for  which  we  are  not        A.  D. 
'accountable   to  your  excellency,  nor  no   body  else  in         170^- 
'this  province:     We   might   lawfully  expel  him  ;    and 
'  if  we  had  so  thought  tit,  might  have  rendered  him 
'incapable  of  ever  sitting  in  this  house;  and   of  this 
'  many    precedents    may    be    produced.     We    are    the 
'  freeholders    representatives ;     and    how   it's    possible 
'we  should  assume  a  negative  voice  at  the  election  of 
'ourselves,  is  what  wants  a  little  explanation  to  make 
'  it  intelligible. 

1  Thirdly,  "  You  have  arbitrarily  taken  upon  you 
"  to  command  the  high-sheriff  of  this  country,  to  dis- 
"  charge  a  prisoner  who  was  in  his  custody  at  the  suit 
"  of  one  of  the  queen's  subjects  ;  and  he  has  been  weak 
"  enough  to  do  it,  for  which  he  lies  liable  to  be  sued  for 
"  an  escape,  whenever  the  gentleman  thinks  fit  to  do  it, 
"and  from  which  y<?u  can't  protect  him:  this  is  a 
"  notorious  violation  of  the  right  of  the  subject,  and 
"a  manifest  interruption  of  justice."  Answer:  The 
'  pei-son  we  ordered  to  be  discharged,  was  an  evidence 
'at rending  by  order  of  the  house,  and  under  the  pro- 
'  tection  of  this  house;  who  were  only  wanting  to 
•'  themselves,  in  not  sending  the  high-sheriff  and  law- 
•'yers  to  the  same  place,  for  daring  to  offer  so  publick 
1  an  affront  to  the  representative  body  of  a  country. 

'  Fourthly,  "You  have  taken  upon  you  to  appoint 
"  one  of  your  members  to  act  as  clerk  of  the  committee 
"of  the  whole  house,  which  you  have  no  power  to  do, 
MAe.M  Answer:  Your  excellency  has  been  so  very 
'much  mistaken  in  all  the  foregoing  clauses,  that  we 
'have  great  reason  to  believe  you  are  so  in  this:  This 
'house  has  always,  till  of  late,  made  their  own  clerks, 
'ami  your  excellency  cannot  shew  us  any  law  why  we 
'  may  not  do  it  still,  should  we  think  fit  to  insist  on  it: 
'  \\  e  Inve  made  no  encroachments  on  her  majesty's 
'  IMV1'  royal,  nor  never  intended  to  do  it,  but 

shall  to  our  utmost,  study  to  preserve  it,  and  honour- 
'ably  support  her  government  over  us,  and  hope  your 
••  -llency  will  think  it  for  the  service  of  the  queen 

'to 


336  THE    HISTORY 

A.  D.        •  to   comply   with  our  reasonable  desires ;    which  will 
1707.        <  verv  mucn  encourage  us  so  to  do. 

'  Divers  of  the  members  of  this  assembly  being  of  the  people 
'  called  Quakers,  do  assent  to  the  matter  and  substance,  but  make 
'  some  exceptions  to  the  stile. 

Bv  order  of  the  house, 

Sam.  Jenings,  speaker/ 


CHAP.    XVIII. 

Memorial  of  the  West-Jersey  proprietors  residing  in 
England,  to  the  lords  commissioners  for  trade  and 
plantations:  The  lieutenant  governor,  with  some  of 
the  council,  address  the  queen:  The  last  meeting  of 
assembly,  under  Cornbury's  administration :  They  con- 
tinue their  complaints :  Samuel  Jenings's  death  and 
character. 

TH  E  foregoing  proceedings  being  by  connection 
necessary  together,  has  delayed  the  following 
memorial  a  little  out  of  course  as  to  strict  order  of 
time :  The  western  proprietors  residing  in  England,  had 
much  resented  Cornbury's  treatment  of  the  inhabitants, 
especially  in  relation  to  the  three  members  being  kept 
out  of  the  assembly,  by  which  he  gained  a  majority 
devoted  to  his  measures ;  and  thus  they  complain. 

*  To  the  right  honourable  the  lords  commissioners  for 

'  trade  and  plantations. 
1  The    humble    memorial    of    the    proprietors    of   the 

i  Western  division  of  the  province   of  New-Jersey, 

'  in  America. 

*  WE    humbly    acknowledge    your    lordships    great 
'justice,  in  making  the  terms  of  our  surrender  of  go- 

*  vernment,   part   of  the   lord   Cornbury's    instructions 
'  relating  to  the  said  province ;   and  heartily  with  his 
'excellency   had  given   us  occasion  of  acknowledging 
'  his   due   observation   of   the   instruction,   instead   of 

'  troubling 


O  F    N  E  W  -  J  E  R  S  E  Y  .  337 

'troubling  your  lordships  with  a  complaint  of  his  A.  D. 
'  breach  of  tin-in,  which  we  are  fully  assured  from  1707. 
'  undoubted  testi monies  his  excellency  has  made  in  the 
'  following  inst:mei-s  ;  and  tho'  he  endeavours  to  palliate 
4  his  proceedings  there,  by  frequently  and  publickly 
'  a— erring,  that  your  lordships  consented  to  no  terms 
'upon  our  surrender;  yet  were  that  as  great  a  truth 
'  as  it  is  a  mistake,  and  those  instructions  had  been 
'only  of  grace  and  favour,  we  conceive  him  to  be 
'obliir«'d,  and  ourselves  intituled  to  his  punctual  obser- 
'  vation  of  them. 

'  It  is  one  of  the  terms  consented  to  by  your  lord- 
'  ships,  and  one  of  his  excellency's  instructions  from 
'your  lordships;  that  the  general  assembly  shall  con- 
'  sist  of  four  and  twenty  representatives  ;  two  to  be 
'chosen  by  the  inhabitants,  housholders  of  the  city  or 
'  town  of  Perth- Amboy ;  two  by  the  inhabitants, 
'  housholders  of  the  city  or  town  of  Burlington  ;  ten 
'  to  be  chosen  by  the  freeholders  of  the  eastern,  and 
'  ten  by  the  freeholders  of  the  western  division  ;  in 
'  which  election,  every  elector  is  to  have  one  hundred 
' acres  of  freehold  land  in  his  own  right,  within  the 
'division  for  which  he  shall  choose;  and  every  person 
'  elected  is  to  have  one  thousand  acres  of  freehold 
'  land  in  his  own  right,  within  the  division  for  which 
'  he  shall  be  chosen. 

'  This  instruction,  which  we  relied  on  as  the  chief 
'  security  of  our  estates  in  that  province,  his  excellency 
1  has  not  only  violated,  but  has  totally  destroyed  that 
'  part  of  our  constitution  ;  and  in  such  a  manner  as 
'  will  render  all  assemblies  a  meer  piece  of  formality, 
'  and  only  the  tools  of  a  governor's  arbitrary  pleasure. 

'For  setting  which  proceeding  in  a  due  light,  we 
'  must  crave  leave  to  lay  before  you  lordships  the 
'  account  we  have  received  of  it  from  our  agent,  and 
'  other  reputable  persons  of  that  province. 

'An  assembly  having  been  called  and  chosen,  in 
Mhc  year  17015,  pursuant  to  your  lordships  instruc- 
4  tions,  prepared  bills  for  settling  the  rights  of  the 
'proprietors  and  planters,  and  for  raising  a  revenue 

Y  'of 


338  THEHISTORY 

A.  D.  'of  thirteen  hundred  pounds  per  annum,  for  three 
1707.  <  years,  (which  they  knew  was  the  utmost  the  country 
(  could  bear)  for  the  snpport  of  the  government ;  but 
*  his  excellency  requiring  a  greater  sum,  several  persons, 
'  our  constant  enemies  and  invaders  of  our  proprieties, 
'and  who  therefore  opposed  the  bill  for  settling  our 
'  rights,  undertook  to  procure  an  assembly  more 
'obedient  to  his  excellency's  demands;  and  by  that 
'and  other  arguments,  which  out  of  regard  to  his 
'honour,  we  choose  to  wave  the  mention  of,  prevailed 
'  upon  him  to  dissolve  that  assembly,  and  to  call  another 
'  to  sit  in  November  last;  the  writs  were  issued,  and  the 
'  election  directed  to  be  made,  in  such  haste,  that  in  one 
'of  the  writs  the  qualifications  of  the  persons  to  be 
'  elected  was  omitted,  and  the  sheriff  of  one  county 
'  not  sworn  till  three  days  before  the  election,  and 
'  many  of  the  towns  had  not  any  (much  less  due)  notice 
'  of  the  day  of  election  ;  but  passing  by  these,  and 
'  many  other  illegal  artifices  used  by  those  undertakers, 
'  to  obtain  an  assembly  to  their  own  humour  ;  we  shall 
'  insist  only  upon  one  grand  instance,  which  is  not  to 
'  be  parrallel'd  in  any  of  her  majesty's  plantations,  and 
'could  not  have  been  attempted  without  his  excel- 
'  lency's  encouragement,  nor  put  in  practice  without 
'  his  concurrence. 

'  When  this  assembly  was  met,  and  attended  his 
'  excellency  in  council,  in  order  to  be  sworn,  mr. 
'  Revel  1  and  mr.  Leeds,  (two  of  the  governor's 
'council,  and  of  the  undertakers  to  procure  such  an 
'assembly  as  they  had  promised)  suspecting  the  strength 
'  of  their  party,  objected  against  three  of  the  members, 
'  returned,  as  persons  not  having  each,  one  thousand 
'acres  of  land,  and  therefore  unqualified  to  serve  in  the 
'  assembly ;  though  these  persons  had  such  estates  in 
'  land,  and  were  generally  known  to  have  so,  and  at 
'the  time  of  their  election  had  convinced  Revell  and 
'  Leeds,  who  opposed  them  under  that  pretence,  of  the 
'  truth  of  it ;  and  this  objection  was  not  exam i liable 
€  or  determi nable  by  his  excellency  or  his  council,  or 
'  otherwise  than  in  the  house  of  representatives,  who 

'are 


OF    NEW-JERSEY.  339 

4  are  the  only  proper  judges  of  their  own   members ;        A.  D. 

'  yet  his  excellency,  upon  this  bare  suggestion  of  Revell        1707* 

'and    I /vds,  refused  to  swear  these  members,  and  ex- 

*  rinded    them    from    sitting   to   serve   their   country; 

'  this  attempt  was  seconded   by  another  trick  of  Revell 

'and    Leeds,  who  immediately  sent  the  following  note 

'  to  the  house  of  representatives. 

'  To  the  honourable  the  house  of  representatives. 
'  Gentlemen, 

WE  underwritten,  supposing  we  had  good  reason 
'  to  charge  three  of  the  persons  returned  to  serve  as 
'representatives  in  this  general  assembly;  but  upon 
'  due  consideration  find  it  difficult  to  come  to  a  true 
'  determination  thereof,  until  we  can  by  further  enquiry 
'Hud  the  truth  of  what  we  have  been  informed  of; 
'  we  therefore  humbly  desire  fourteen  days  time  further, 
'that  we  may  be  able  more  fully  to  inform  this  house 
'  therein,  which  we  humbly  suppose  at  present  cannot 
4  reasonably  be  expected  from  us ;  we  subscribe  ourselves 
4  your  humble  supplicants,  THOMAS  REVELL. 

'  Nov.  15,  1704.  DANIEL  LEEDS/ 

'  The  counties  for  which  they  were  chosen  to  serve 
'expressed  a  great  dissatisfaction  at  the  exclusion  of 
'  their  members  ;  and  these  and  several  other  represen- 
tatives delivered  an  address  to  his  excellency,  for 
4  having  them  admitted  to  their  right ;  which  met  with 
1  no  oilier  reception,  than  being  called  a  piece  of  inso- 
'  lence  and  ill  manners. 

'  i)V  this  exclusion  of  three  members,  and  the  con-        « 
>t   of  the  address  for  their  admission,  the  under- 
lined   a   majority   by   one    in    the    house    of 
:"itives,    who'  adjourned    the    hearing   of  this 
,  until  they  had  reaped  the  fruits  of  their  iniquity, 
'and  accomplished  the  ends  for  which  it  was  contrived; 
'  for  whilst   this  case   was  depending,  a  bill  for  taking 
'aw-iy   the  qualifications  of   electors  and    the    elected, 
'and    placing  the  right  of  choosing  and  being  chosen 
1  in  the  freeholders  generally,  without  any  express  value 
k"i    th.-ir    estates,    was   prepared    and    pass'd,  wherein 

' there 


340  THE    HISTORY 

A.  D.  (  there  is  this  remarkable  and  self-condemning  declara* 
17  '  tion  of  his  excellency's  proceedings,  viz.  that  repre- 

'  sentatives  met  in  general  assembly  are  and  shall  be  the 
'judges  of  the  qualifications  of  their  own  members. 

'  After  this  and  one  other  act,  which  we  shall  here- 
'  after  take  notice  of  in  its  proper  place,  were  passed, 
*  a  day  of  hearing  was  allowed  to  the  three  excluded 
i  members,  and  notice  of  it  given  to  Revel  1  and  Leeds, 
'  who  would  not  vouchsafe  to  appear,  but  having  already 
'  obtained  their  ends,  graciously  signified  by  a  message, 
'  their  mistake  in  their  objection  to  those  members. 

1  The  house  proceeded  in  the  inquiry,  and  by  deeds 
'  and  other  authentick  proofs,  was  so  fully  satisfied  of 
'  the  estates  of  the  excluded  members,  and  that  Revell 
'  and  Leeds  had  been  convinced  thereof,  at  the  time  of 
1  their  elections,  that  the  house  unanimously  declared 
'  them  duly  qualified,  and  sent  two  of  their  body  to 
'  acquaint  his  excellency  of  it,  and  to  pray  they  might 
'  be  sworn  ;  but  his  excellency,  whether  out  of  a  desire 
'  of  assuming  the  glory  of  his  arbitrary  proceeding 
'  wholly  to  himself,  or  of  making  the  country  sensible 
'  that  notwithstanding  the  act  so  lately  passed,  declaring 
6  the  house  judges  of  their  own  members ;  he  was  re- 
1  solved  to  exercise  that  power  for  the  future ;  or  for 
'  what  other  reason  we  know  not,  told  those  messengers 
'  he  must  be  satisfied  of  their  qualifications,  as  well  as 
'  the  house  ;  and  still  keeps  them  out  of  the  assembly. 

'This  we  conceive  to  be  the  assuming  a  negative 
'  voice  to  the  freeholders  election  of  their  representa- 
•:  '  tives ;  and  such  an  invasion  of  the  rights  of  the 
( assembly,  as  will,  if  tolerated  or  connived  at,  place 
'  the  whole  legislature  in  the  governor ;  for  if  he  can, 
1  at  his  pleasure,  reject  three  representatives,  he  may 
'  reject  all,  and  make  what  laws  he  thinks  fit  without 
'the  formality  of  an  assembly;  but  if  this  notorious 
'  violation  of  our  constitution  had  not  been  made  by 
'him,  and  the  assembly  had  consisted  of  it's  full  pro- 
'  portion  of  duly  elected  members ;  we  conceive,  and 
'are  advised,  that  his  excellency  had  no  authority, 
'nor  any  probable  colour  from  his  instructions  for 

'  passing 


OF     NEW- JERSEY.  341 

'passing  this  act;    for  though  the  instruction  relating        A.  D. 

*  to  the  diction  of  general  assembies,  allows  an   alte-        1'07* 
'  ration    by   act   of  assembly,   of  the   number   of    the 

'  representatives,  and  the  manner  of  their  being  elected; 

'  it  leaves  no  power  to  the  general  assembly  to  alter  the 

qualifications  of  the  electors  or  elected  ;    which    was 

intended  to  be  a  standing  and  unalterable  part  of  the 

constitution,  as  most  agreeable  to  the  constitution  of 

England,  where  the  electors  of  knights  of  the  coun- 

ties  must  have  a  certain  fixed  freehold;  and  the  elec- 

t  ted  are   generally   the  principal  landed  men  of  their 

'  respective   counties ;    but    the    alteration    now   made, 

1  was    intended   to   put  the  election   of  representatives 

'  into  the  meanest  of  the  people,  who  being  impatient 

'  of  any  superiors,  will  never  fail  to  choose  such  from 

*  amongst  themselves,  as  may  oppress  us,  and  destroy 
1  our  rights. 

1  It  is  another  term  of  our  surrender,  and  an  instruction 
4  to  his  excellency,  that  no  act  should  be  made  to  lay  a 

*  tax    upon  unprofitable  lands;    but  his  excellency  has 
'  encourag'd  and  assented  to  a  bill  in  this  last  assembly,  for 
'  taxing  (without  distinction)  all  lands  belonging  to  the 
1  inhabitants  there,  and  to  all  others  not  inhabiting  there 
'  who  have  settled  any  plantations,  either  by  tenants,  ser- 
'  vants  or  negroes  ;  it  is  objection  enough  to  this  act,  that 
'  there  is  no  other  colony  in  America  wherin  uncultivated 
'  lands  are  taxed;  and  as  this  act  was  intended,  so  none 
1  more  effectual  could  have  been  contrived,  to  prejudice 
'the  country  in  general,  or  the  proprietors  in  particu- 

*  lar  ;  for  if  any  man  who  has  a  thousand  or  more  acres 
4  of  land,  which    lie   can    neither    manure  nor  sell  (as 
'  most  of  the  first  planters  have)  he  must  pay  a  tax  for 
4  this  land,  which  may  eat  up  the  greatest  part  of  the 
'  profit  of  what  he  can  and  does  cultivate  ;  or  he  must 

*  dc-rn  the  whole;  and  if  we,  who  have  great  tracts  of 
'  land    of  many    thousand   acres    to  sell,   lett  or  settle 
'  but  a   few  acres  to  maintain  our  agents  or  servants, 

*  we  must   pay  a  tax  for  all  the  residue  which  yields  us 

*  nothing:  In   consequence  of  this  act  several  persons 
4  who    had    agreed    with    our  agent    for    lands,    have 

'  renounced 


342  THE    HISTORY 

A.  D.  t  renounced  their  bargains,  and  removed  into  other 
1707.  t  countries,  where  they  can  purchase  great  tracts  of 
'  land,  preserve  them  for  their  posterity  to  settle  on  ;. 
'and  we*  unless  relieved  from  this  oppression,  must 
'deliver  up  our  lands  or  our  purses:  This  tax  is  im- 
'  posed  by  the  act  passed  in  the  assembly  for  raising  a 
'revenue  of  two  thousand  pounds  per  annum,  for  two 
'years,  for  the  support  of  her  majesty's  government 
'  within  that  province;  and  we  have  great  reason  to  be- 
'  lieve  it  to  be  part  of  the  return  promised  by  the  under- 
'  takers  to  his  excellency,  for  his  dissolving  the  former 
f  assembly,  and  curtailing  the  last  of  three  members. 

'  It  is  another  term  of  our  surrender,  and  an  instruc- 
'tion  to  his  excellency,  that  the  surveyors  and  other 
'persons  appointed  by  us,  for  surveying  and  recording 
'the  surveys  of  land  granted  and  sold  by  us,  shall  be 
'permitted  to  execute  their  trusts;  but  his  excellency 
'  has  taken  upon  him,  even  contrary  to  the  advice  of 
'  his  council,  to  appoint  fees  for  patenting  lands ;  which 
'  has  created  an  opinion  in  the  people,  that  the  power  of 
'  granting  lands  is  in  him,  has  lessened  the  credit  of 
'  our  title  to  lands,  and  encouraged  the  planters  to  dis- 
'  pute  our  right. 

'  His  excellency  has  ordered  all  publick  books,. 
'  records  and  papers,  to  be  delivered  by  our  late  secretary 
'  to  mr.  Bass,  our  great  debtor,  and  therefore  our 
'  avowed  enemy,  and  has  carried  our  records  of  deeds 
'  and  conveyances  out  of  the  province  ;  by  this  method 
'  the  proprietors  of  both  the  divisions  are  deprived  of 
'all  means  to  justify  their  past  administration  of  the 
'  evidences  of  their  grants  of  lands  to  the  purchasers 
'  under  them,  (all  the  surveys  and  patents  being 
'recorded  in  those  books)  and  will  destroy  the  office  of 
'  our  register,  or  at  least  will  disable  him:  to  perform' 
'  his  duty  in  some  cases ;.  which  by  acts  of  general  assem- 
'  bly  he  is  obliged  to  do.. 

'  It  is  a  further  term  of  our  surrender,  and  instruc- 
tions to  his  excellency,,  that  all  officers  be  appointed 
'  by  advice  of  the  council ;  but  his  excellency  has  conj 
'stituted  several  officers  without  such  advice,  and  par- 
ticularly. 


OF    NEW-JERSEY.  343 

'  ticularly  a  sheriff  of  Burlington,  who  was  therefore  A.  TX 
'  suspended  by  order  of  council,  and  yet  continued  to  1707' 
1  act  under  his  lordship's  appointment 

i  We  are  further  informed,  that  his  excellency  hath 
'put  several  mean  and  contemptible  persons  into  the 
'commission  of  the  peace,  particularly  one  ****** 
'whom  he  knew  to  be  under  prosecution  for  felony; 
'and  has  given  commissions  in  the  militia  to  others, 
'  who  have  no  estate  in  the  province,  and  therefore 
'  are  not  like  to  be  zealous  in  the  defence  of  it. 

'  It  is  matter  of  some  wonder  to  us,  that  after  so 
'  many  acts  of  despotic  power,  his  excellency  did  not 
'assume  to  himself,  or  obtain  from  the  last  assembly, 
'  an  authority  of  licencing  any  persons  to  purchase 
'  lands  from  the  Indians  ;  but  condescends  to  apply  to 
'your  lordships,  for  an  alteration  of  his  instructions 
'  in  that  particular ;  there  wants  only  the  breach  of  this 
4  instruction  to  compleat  the  ruin  of  our  interests *in 
'  New-Jersey,  and  we  humbly  hope  your  lordships  will 
'not  enable  him  to  give  that  finishing  stroke:  This 
'  instruction,  founded  upon  the  right  which  the  crown 
'  of  England  claims  by  the  law  of  nations,  to  all  coun- 
'  tries  discovered  by  English  subjects,  was  intended  to 
•rt  that  right  against  the  pretences  of  many  plan- 
'  ters,  who  set  up  the  Indians  title  in  competition  with 
'  it  ;  and  if  that  right  be  taken  from  the  grantees  of  the 
4  crown,  all  patents  and  grants  of  the  whole  main  land 
4  of  North- America,  have  been  only  royal  frauds,  under 
'  the  sanction  of  the  great  seal  of  England,  and  no 
'  man  will  ever  after  purchase  lands  under  that  title. 

'  His  excellency  was  lately  so  fully  satisfied  of  the 
'  policy  and  reasonableness  of  asserting  this  right  to  the 
4  crowu  and  its  grantees,  that  in  the  year  1703,  he 
•  nimeiided,  and  assented  to  an  act  of  assembly,  for 
4  restraining  all  persons  besides  the  proprietors,  from 
'  purchasing  lands  from  the  Indians,  under  great  penal- 
4  tie-;  and  for  vacating  all  such  purchases  formerly 
'  made,  unless  the  purchasers  took  a  fresh  grant  from 
'the  proprietors;  of  which  act  we  humbly  pray  your 
'  lordships  perusal. 

'We 


341  T  H  E    H  I  S  T  O  R  Y 


A.  D.  «  AYe  are  purchasers  for  ready  money,  under  a  grant 

1707.  'from  king  Charles  the  second,  and  are  willing  to  sell 
'  our  lands  and  the  Indians  title  to  it,  at  reasonable  rates, 
(  according  to  the  goodness  of  the  soil  and  situation, 
'  and  ought  not  to  be  compelled  to  accept  a  quit-rent 
'  (much  less  a  quit-rent  to  be  let  by  other  persons  than 
'ourselves  as  his  excellency  proposes)  instead  of  selling 
'  for  ready  money  ;  nor  ought  our  properties  to  be  at 
'  the  disposal  of  a  governor  :  'Tis  not  the  want  of  a 
'  power  in  the  planters  to  purchase  lands  from  the  Indi- 
'  ans,  but  the  taxing  of  uncultivated  lands,  and  over- 

*  turning   the   constitution  for  assembly-men,  that  has 
'  occasioned  those  persons  mentioned  by  his  excellency, 
'  to  remove  to  Pennsylvania  and  other  colonies. 

(  May  it  please  your  lordships, 

'The  usage  we  have  received  from  his  excellency,  is 
'  so  contrary  to  the  terms  of  our  surrender  of  govern- 
'  ment,  to  the  assurances  we  had  from  your  lordships, 

*  of  the  due  observance  of  them,  and  to  the  plain  in- 
'  structions  given   by  your  lordships  to  his  excellency  ; 
'that   we   numbly  hope,  it  will    not  be  thought   any 
'immodesty  or  want  of  duty  in  us,  to  protest,  as  we  do 
'  protest  against  all  the  proceedings  of  the  last  assembly, 
'  wherein  by  the  arbitrary  exclusion  of  three  members 
'without  any  just  exception,  the  country  was  not  duly 
'  represented,  and   to   beg   your  lordships   intercession 
'  with  her  majesty,  that  the  acts  passed  in  that  assembly 
'  may  not  be  confirmed  by  her  royal  assent. 

'  We  further  pray,  that  colonel  Lewis  Morris,  who 
'  has  been  a  second  time  suspended  from  his  place  in 
'council,  by  his  excellency,  only  for  using  the  free- 
'  dom  which  every  member  of  the  council  is  entitled  to, 
'  and  ought  to  exercise,  of  opposing  any  bill  brought 
'  before  them,  if  he  conceives  it  prejudicial  to  the  in- 
'  terest  either  of  the  country  in  general,  or  of  any  par- 
'  ticular  persons,  may  be  restored  ;  and  that  your  lord- 
'  ships  will  please  to  place  in  the  room  of  such  as  are  dead, 
'  some  of  the  persons  following,  viz  Mr.  Miles  Foster, 
'  mr.  Richard  Townley,  mr.  Hugh  Huddy,  mr.  William 
1  Hall  and  mr.  John  Harrison,  who  are  men  of  known 

'  integrity 


OF    NEW-JERSEY.  345 

'  integrity  and  estates  ;    and  as  a  further  security  of  our        A.  D. 
'estates  t IK  re,  and  that  no  persons  may  at  any  time  be         1707' 
'  admitted    of    the   governors    council,  or  to  be  in  the 
'  commission  of  the  peace,  or  of  the  militia,  but  such 
f  who  have  real  estates  in  the  province  suitable  to  their 
'stations,  and  who  reside  there. 

1  Signed  by  Thomas  Lane,  Paul  Dominique,  John 
4  IJridges,  Rob.  Mitchel,  Tho.  Burrow,  Fra,  Mitchel, 
1  Kben.  Jones,  Jos.  Broosbank,  John  Norton,  Jo. 
'  Bonnet,  E.  Richier,  Tho.  Skinner,  Rich.  Greena- 
1  way,  Jos.  Collins,  Cha.  Mitchel,  Jos.  Micklethwait, 
'  Tho.  Lewes,  Wm.  Snelling. 

Two  days  after  Cornbury  had  refused  to  receive  the 
assembly's  reply,  he  sent  for  them,  and  though  several 
important  bills  were  unfinished,  adjourn'd  the  house 
to  the  spring  next  year :  Not  receiving  the  reply  in 
form,  he  escaped  the  necessity  of  attempting  to  clear 
ii])  what  he  could  not  do  with  justice  or  equity  :  Some 
of  the  glaring  facts  still  confirmed  the  truth  of  the 
charges  against  him,  he  thought  he  had  a  more  effec- 
tual way  of  dealing;  that  was,  to  lodge  a  complaint 
with  the  queen  ;  accordingly  by  an  underhand  artifice, 
his  trusty  friend  the  lieut.  governor  Ingoldsby,  with 
some  of  the  council,  signed  and  privately  transmitted 
an  addre-s,  as  follows. 

'  To  the  Queen's  most  excellent  majesty.  Address 

'  The  humble  address  of  the  lieutenant  governor  and  Q  the 
1  council      of     Nova-Csesaria     or     New-Jersey,     in 
'  America. 

'  May  it  please  your  majesty; 

'  We  the  lieutenant  governor  and  council  of  your 
'  majesty's  province  of  Xova-Csesaria  or  New-Jersey, 
I  having  seriously  and  deliberately  taken  into  conside- 
'  ration  the  proceedings  of  the  present  assembly  or 

*  representative    body   of   this   province,   thought  our 

*  selves  hound,  both   in  duty  and  conscience,  to  testify 
'to  your  majesty,  our  dislike  and  abhorrence  of  the 


346  THE  HISTORY 

A.  D.  'same;  being  very  sensible,  that  the  unaccountable 
1707.  t  huraours  an(j  pernicious  designs  of  some  particular 
'men,  have  put  them  upon  so  many  irregularities,  with 
'  intention  only  to  occasion  divisions  and  distractions, 
'  to  the  disturbance  of  the  great  and  weighty  affairs 
e  which  both  your  majesty's  honour  and  dignity  as 
'  well  as  the  peace  and  welfare  of  the  country  required  ; 
'  their  high  encroachments  upon  your  majesty's  prero- 
'gative  royal;  notorious  violations  of  the  rights  and 
'liberties  of  the  subjects;  manifest  interruptions  of 
'justice,  and  most  unmannerly  treatment  of  his  excel- 
'  lency  the  lord  Corn  bury,  would  have  induced  us 
'sooner  to  have  discharged  our  duty  to  your  majesty, 
'  in  giving  a  full  representation  of  the  unhappy  cir- 
'cumstances  of  this  your  majesty's  province  and 
'government;  had  we  not  been  in  hopes  that  his 
'  excellency  the  lord  Cornbury's  full  and  ample  answer 
'  to  a  most  scandalous  libel,  called  the  remonstrance 
'  of  the  assembly  of  Nova  Csesaria  or  New-Jersey, 
'which  was  delivered  to  the  governor  by  the  assembly 
'at  Burlington  in  May  last,  would  have  opened  the 
'  eyes  of  the  assembly,  and  brought  them  back  to  their 
'  reason  and  duty  ;  but  finding  that  those  few  turbu- 
'lent  and  uneasy  spirits  in  the  assembly,  have  still 
'  been  able  to  influence  and  amuse  the  judgments  of 
'  many  well-meaning  men  in  that  body ;  as  appears 
'  by  another  late  scandalous  and  infamous  libel,  called, 
"  The  reply  of  the  house  of  representatives  of  the 
"  province  of  New-Jersey,  to  an  answer  made  by  his 
"  excellency  Edward  viscount  Cornbury,  governor  of 
"  the  said  province,  to  the  humble  remonstrance  of 
" the  aforesaid  house:"  We  are  now  obliged  humbly 
'  to  represent  to  your  majesty,  the  true  cause,  which  we 
'  conceive  may  lead  to  the  remedy  of  these  confusions. 

*  The  first  is  owing  to  the  turbulent,  factious,  un- 
'easy,  and  disloyal  principles  of  two  men  in  that 
'assembly,  mr.  Lewis  Morris,  and  Samuel  Jenings,  a 
'  quaker ;  men  notoriously  known  to  be  uneasy  under 
'  all  government ;  men  never  known  to  be  consistent 
'  with  themselves ;  men  to  whom  all  the  factions  and 

'  confusions 


OF    NEW- JERSEY.  347 

'  confusions  in  the  government  of  New- Jersey  and  A^  D. 
'Pennsylvania  for  many  years  are  wholly  owing;  1707> 
'  men  that  have  had  the  confidence  to  declare  in  open 
'council,  that  your  majesty's  instructions  to  your 
'governors  in  these  provinces,  shall  not  oblige  or  bind 
'them,  nor  will  they  be  concluded  by  them,  further 
'than  they  are  warranted  bv  the  law,  of  which  also 
'they  will  be  the  judges;  and  this  is  done  by  them, 
'  (as  we  have  all  the  reason  in  the  world  to  believe) 
'  to  encourage  not  only  this  government,  but  also  the 
'  rest  of  your  governments  in  America,  to  throw  off 
'your  majesty's  royal  prerogative,  and  consequently 
'to  involve  all  your  dominions  in  this  part  of  the 
*  world,  and  the  honest,  good  and  well-meaning  people 
'  in  them,  in  confusion,  hoping  thereby  to  obtain 
'  their  wicked  purposes. 

'  The  remedy  for  *all  these  evils,  we  most  humbly 
'  propose,  is,  that  your  majesty  will  most  graciously 
'  please  to  discountenance  those  wicked  designing  men, 
'and  shew  some  dislike  to  this  assembly's  proceedings, 
'  who  are  resolved  neither  to  support  this  your  majesty's 
'  government  by  a  revenue,  nor  take  care  to  defend  it 
'  by  settling  a  militia:  The  last  libel,  called  "  the  reply, 
"  &e."  came  out  so  suddenly,  that  as  yet  we  have  not 
'had  time  to  answer  it  in  all  its  particulars;  but  do 
'  assure  your  majesty  it  is  for  the  most  part  false  in  fact, 
'  and  that  part  of  it  which  carries  any  face  of  truth, 
'  they  have  been  malicious  and  unjust  in  not  mentioning 
'  the  whole  truth  ;  which  would  have  fully  justified  my 
'lord  Corubury's  just  conduct. 

'  Thus,  having  discharged  this  part  of  our  duty, 
'  which  we  thought  at  present  incumbent  upon  us,  we 
'  beg  leave  to  assure  your  majesty,  that  whenever  we 
'  shall  see  the  people  of  this  province  labour  under  any 
'thing  like  a  grievance;  we  shall,  according  to  our 
'duty,  Immediately  apply  to  the  governor,  with  our 
'  ln-st  advice  for  the  redress  of  it;  and  we  have  no 
'  reason  yet  to  doubt  of  a  ready  compliance  in  him ; 
'  we  shall  not  be  particular,  but  crave  leave  to  refer 
'  to  his  excellency's  representation  of  them  to  the  right 

'  honourable 


348  THE    HISTORY 

•A.  D.  <  honourable  the  lords  commissioners  for  trade  and 
1707'  <  plantations. 

*  The  strenous  asserting  of  your  majesty's  prerogative 
^iroyal,  and  vindicating  the  honour  of  your  governor 
•*  the  lord  Cornbury,  will  in  our  humble  opinion,  be 
4  so  absolutely  necessary  at  this  juncture,  that  without 
'your  so  doing,  your  majesty  will  find  yourself  deceived 
4  either  in  expectation  of  a  revenue  for  support  of  the 
4  government,  or  militia  for  its  defence. 

( In  hopes  your  majesty  will  take  these  important 
'*  things  into  your  consideration,  and  his  excellency  the 
'  lord  Cornbury,  with  all  the  members  of  your  maje- 
4  sty's  council,  into  your  royal  favour  and  protection ; 
4  we  shall  conclude  with  our  most  fervent  prayers  to 
4  the  most  high,  to  lengthen  your  days,  and  encrease 
'  your  glories ;  and  that  ourselves  in  particular,  and  all 
4  others  in  general,  who  reap  the  benefit  of  your  maje- 
4  sty's  most  gentle  and  happy  government,  may  be, 
*  and  ever  continue  the  most  loyal  and  dutiful  of  sub- 
*jects  to  the  most  glorious  and  best  of  queens. 

1  Rich.  Ingoldaby,  William  Pinhorne,  R.  Mompeson, 
'  Thomas  Revell,  Daniel  Leeds,  Daniel  Coxe,  Richard 
'  Toumley,  Rob.  Quarry,  William  Sandford. 

On  the    5th   of  the   month  called  May,   this   year, 
the  assembly  met  at  Burlington  :  Jenings  their  speaker 
T  Gor-         being  indisposed,  Thomas  Gordon   was  chose   to   suc- 
tion, spea-       Ceed   him :    They  received   the  speech ;    and  delivered 
their  address  the  12th;  which  containing  the  old  story 
of  grievances,  so  displeased  the  governor,  that  he  im- 
mediately adjourn'd  them  to  the  September  following, 
to  meet  at  Amboy,  but  in  the  interval  dissolved  them ; 
Assembly      an(j  being  himself  soon  after  superseded,  he  met  them 
no  more ;  the  business  of  the  last  session  began  by  his 
telling  them  in  his  speech. 

It  was  the  great  desire  he  had  to  see  the  service  of 
Speech.       the  queen,  and  good  of  the  province  carried  on,  sup- 
ported and  provided  for,  that  induced  him  to  call  them 

'  together 


OF    NEW- JERSEY.  349 

together  ;  to  prepare  and  pass  such  laws  as  were  proper ;  A:  D. 
and  that  he  might  not  be  wanting  in  his  duty,  he 
should  point  out  what  he  thought  required  their  imme- 
diate notice';  the  first  was  a  bill  for  support  of  govern- 
ment ;  that  the  revenue  the  queen  expected  was 
£.  1500,  per  annum,  to  continue  21  years;  next  the 
reviving  or  re-enacting  the  militia  bill,  which  was  likely 
soon  to  expire ;  that  he  had  every  session  since  he  had 
been  governor,  recommended  the  passing  a  bill  or  bills 
for  confirming  the  right  and  property  of  the  soil  of  the 
province  to  the  general  proprietors,  according  to  their 
respective  rights  and  titles  ;  as  also  to  settle  and  con- 
firm the  particular  titles  and  estates  of  all  the  inhabi- 
tants of  the  province,  and  others,  claiming  under  the 
proprietors ;  that  he  was  still  of  opinion,  such  a  bill 
would  best  conduce  to  the  improvement,  as  well  as 
peace  and  quiet  of  the  province  ;  that  he  had  last  year 
recommended  the  passing  of  bills  for  erecting  and  re- 
pairing prisons  and  court'  houses  in  the  different  coun- 
ties, the  building  of  bridges  in  places  where  they  were 
wanting, 'by  general  tax;  and  as  late  experience  had 
taught  the  necessity  of  settling  the  qualifications  of 
jurymen,  he  desired  they  would  prepare  bills  for  these 
purposes ;  and  revive  such  of  the  acts  of  assembly 
passed  in  the  time  of  the  proprietary  government  as 
would  be  of  use,  that  they  might  be  presented  for  the 
queen's  approbation. 

The  assembly  in  their  address  on  this  occasion,  de-    Assembly* 
clare,  they  then  were,  and  always  had  been  ready  and  a 
desirous  to  support  the  government  to  the  utmost  of 
their  poor  abilities  ;    that  they  were  heartily  sorry  for 
the  misunderstanding  between  the  governor  and  them  ; 
that  about  twelve  months  ago  they  had  humbly  repre- 
sented  to   him,  some   of    the    many   grievances   their 
country   laboured   under ;    most   of    which    they  were 
sorry  to  say,  yet  remained,,  and  daily  increased  ;    that 

they 


350  THE    HISTORY 

A.  D.  they  found  the  queen's  good  subjects  of  the  province 
were  continually  prosecuted  by  informations,  upon  fri- 
volous pretences,  which  rendered  that  excellent  con- 
stitution of  grand  juries  useless ;  and  if  continued, 
would  put  it  in  the  power  of  an  attorney  general,  to 
raise  his  fortune  upon  the  ruin  of  his  country. 

That  they  found  it  a  great  charge  to  the  country,  that 
juries  and  evidences  were  brought  from  remote  parts 
of  the  province,  to  the  supreme  courts  at  Burlington 
and  Amboy ;  that  it  was  a  great  grievance  that  the 
practice  of  the  law  was  so  precarious,  that  innocent 
persons  were  prosecuted  upon  informations,  and  actions 
brought  against  several  of  the  queen's  subjects,  in 
which  the  gentlemen  licensed  to  practice  the  law,  were 
aifraid  to  appear  for  them  ;  or  if  they  appeared,  did  not 
discharge  their  duty  to  their  clients,  for  fear  of  being 
suspended,  without  being  convict  of  any  crime  deserving 
it,  or  reason  assigned;  as  was  done  at  Burlington,  in 
May  last,  to  the  damage  of  many  of  the  queen's  good 
subjects. 

That  they  found  the  representatives  of  this  her  ma- 
jesty's province  so  slighted,  and  their  commands  so 
little  regarded,  that  the  clerk  of  the  crown  had  refused 
to  issue  a  writ  for  the  electing  a  member  wanting  in 
their  house ;  they  hoped  he  would  consider,  and  remove 
these  and  many  other  inconveniencies  and  grievances 
that  the  province  labor'd  tinder ;  which  would  enable 
them  to  exert  the  utmost  of  their  abilities,  in  support- 
ing her  majesty's  government,  and  would  make  them 
happy  under  the  mild  and  meek  administration  of  a 
great  and  glorious  queen ;  that  they  doubted  not, 
were  her  majesty  rightly  informed  of  the  poverty  and 
circumstances  of  their  country,  and  that  their  lively- 
hoods  depended  upon  the  seasons  oT  the  year ;  their 
most  gracious  sovereign  would  pity  I  heir  condition, 
and  never  expect  the  settlement  of  any  support  of  go- 
vernment, further  than  from  one  year  to  unother. 

That 


OF    NEW-JERSEY.  351 

That  they  found  the  present  militia  bill  so  great  a  A-  D. 
grievance  to  their  country,  they  could  never  think  of 
reviving  or  re-enacting  it,  as  it  now  was  ;  though  they 
were  heartily  willing  to  provide  for  the  defence  of 
their  country,  which  they  hoped  might  be  done  with 
greater  case  to  the  people ;  that  they  had  been,  and 
still  were  endeavouring  to  answer  her  majesty's  com- 
mands, in  confirming  the  right  and  property  of  the 
soil  of  the  province  to  the  general  proprietors,  accord- 
ing to  their  respective  rights  and  titles ;  and  likewise 
to  confirm  and  settle  the  particular  titles  and  estates  of 
•all  the  inhabitants,  and  other  purchasers,  claiming 
under  the  proprietors ;  but  tho'  they  had  several 
times  met  in  general^  assembly,  they  had  not  opportu- 
nity to  perfect  it ;  they  acknowledge  the  favour  of 
being  put  in  mind  of  providing  prisons,  court-houses, 
and  bridges,  where  such  were  wanting,  which  they 
should  take  into  consideration. 

That  they  had  a  bill  for  settling  the  qualifications 
of  juries,  prepared  last  sitting  at  Amboy,  and  should 
now  present  it;  and  thanking  him  for  reminding  them 
of  reviving  their  former  laws  ;  say,  they  had  before  ap- 
pointed a  committee  for  that  end  ;  but  were  impeded 
by  Boss,  the  secretary,  positively  refusing  to  let  them 
have  the  perusal  of  them  ;  and  that  as  they  had  always 
used  their  utmost  endeavour  in  the  faithful  service  of 
the  queen,  and  for  the  benefit  of  the  country  ;  so  they 
should  still  continue  to  do  it  with  all  the  dispatch  they 
were  capable  of. 

Here  we  part  with  lord  Cornbury's  administration.  </•    Lord 

Here  Curnbul*- 

'7.  At  a  council  held  nt  Amboy,  28th  of  March,  1708.  The 
petition  of  Kdwaril  viscount  Cornoiirv,  late  governed'  of  this  pro- 
VIIK v ;  selling  forth,  thai  he  had  due  to  him,  sundry  Burns  of 
money,  for  which  he  de>ireil  warrants,  to  enable  him,  if  the 
ivviinK-'of  this  province  was  not  able  to  pay  the  same,  he  might 
di-mand  the  same  of  her  majesty,  was  read,  and  dismissed. 

'Lord 


352  THE    HISTORY 

A.  D.  Here  also  we  part  with  his  opponent  S.  Jenings  ;  his 

1  indisposition  continued  about  twelve  months,  and  then 
death  and  finished  his  life  :  His  many  services  have  occasioned 
character.  h'im  to  fa  oftea  mentioned  :  His  profession  of  religion 
was  that  of  the  people  called  quakers ;  he  was  early 
an  approved  minister  among  them,  and  so  continued 
to  his  death  ;  common  opinion,  apt  to  limit  this  sphere 
of  action,  will  however  allow  general  rules  to  have 
their  exceptions,  as  instances  now  and  then,  though 
perhaps  but  rarely,  occur,  where  variety  of  talents  have 
united  in  the  same  individual,  and  yet  not  interfered ; 
such,  the  accounts  of  those  times  (stripped  of  the  local 
uncertainties  of  faction  and  party)  tell  us,  was  the 
circumstance  with  regard  to  Jenings ;  that  his  autho- 
rity, founded  on  experienc'd  candour,  probity,  and 
abilities,  enlarged  opportunities,  rendered  him  not 

in 

'Lord  Cornbury,  (fays  a  writer,  well  informed  in  his  character) 
'was  no  less  obnoxious  to  the  people  of  New- Jersey,  than  to  those 
'of  New- York :  The  assembly  of  that  province,  impatient  of  his 
'tyranny,  drew  up  a  complaint  against  him,  which  they  sent  home 
'to  the  queen. 

'Her  majesty  graciously  listened  to  the  cries  of 'her  injur'd  sub- 
'jects,  divested  him  of  his  power,  and  appointed  lord  Lovelace  in 
'hisslead;  declaring,  that  she  would  not  countenance  her  nearest 
'  relations  in  oppressing  her  people. 

'As  soon  as  my  lord  was  superceded,  his  creditors  threw  him 
'into  the  custody  of  the  sheriff'  of  New- York;  and  he  remained 
'there  till  the  death  of  his  father,  when  succeeding  to  the  earldom 
'  of  Clarendon,  he  returned  to  England. 

'  We  never  had  a  governor  so  universally  detested,  nor  any  who 
'so  richly  deserved  the  publick  abhorrence;  in  spite  of  his  noble 
'descent,,  his  behaviour  was  trifling,  mean  and  extravagant. 

'It  was  not  uncommon  for  him  to  dress  himself  in  a  woman's 
'habit,  and  then  to  patrole  the  fort  in  which  he  resided;  such 
freaks  of  low  humour  exposed  him  to  the  universal  contempt  of 
'the  people;  but  their  indignation  was  kindled  by  his  desp  tick 
'rule,  savage  bigotry,  insatiable  avarice  and  injustice,  not  only  to 
'the  publick,  but  even  his  private  creditors;  for  he  left  some  of 
'the  lowest  tradesmen  in  his  employment  unsatisfied  in  their  just 
'demands.'  Hist,  of  New-  York,  p.  116. 

He  died  in  1723.  See  notes  in  the  Art.  Law.  Hyde,  E.  oj 
Rochester,  Biogr.  Brit. 


OFNEW-JERSEY.  353 

in  one  capacity  or  to  one  society  only,  but  generally  f7'ft?' 
useful :  It  is  mentioned,  that  he  was  of  an  obliging, 
affectionate  disposition,  yet  of  a  hasty  warm  temper; 
that  he  notwithstanding  managed  it  with  circumspec- 
tion and  prudence,  so  that  few  occasions  escaped  to 
the  disadvantage  of  his  character,  or  of  any  cause  he 
engaged  in ;  that  he  saw  the  danger  to  which  his 
natural  impetuosity  exposed  him, ;  knew  his  preser- 
vation lay  in  a  close  attention  to  his  cooler  prospects, 
and  diligently  guarding  in  that  spot,  experienced  the 
benefit  in  many  trying  events ;  that  his  integrity  and 
fortitude  in  all  stations,  were  acknowledged;  that  his 
judgment  was  the  rule  of  his  conduct,  and  by  what 
can  now  be  gathered/i  this  seems  to  have  been  but 
seldom  injudiciously  founded;  that  alive  to  the  more 
generous  emotions  of  a  mind  form'd  to  benevolence 
and  acts  of  humanity,  he  was  a  friend  to  the  widow, 
the  fatherless  and  the  unhappy ;  tender,  compassionate, 
disinterested,  and  with  great  opportunities  left  but  a 
small  estate;  that  abhorring  oppression  in  $very  shape, 
his  whole  conduct  discovered  a  will  to  relieve  and 
befriend  mankind,  far  above  the  littleness  of  party  or 
sinister  views  ;  that  his  sentiments  of  right  and  liberty, 
were  formed  on  the  revolution  establishment,  a  plan 
successfully  adapted  to  the  improvement  of  a  new 
country,  or  any  country;  that  he  was  notwithstanding 
all  this  sometimes  thought  stiff'  and  impracticable,  but 
chiefly  on  account  of  his  political  attachments;  yet 
that  there  were  instances,  where  better  knowledge  of 
his  principles,  and  the  sincerity  with  which  he  acted, 
totally  effaced  those  impressions,  and  left  him  friends 
where  none  were  expected :  Much  of  his  time,  we  have 
seen,  was  long  devoted  to  the  publick,  with  a  will  to 
be  useful,  occasions  were  not  wanting ;  West- Jersey  and 

z  Pennsylvania, 


354  THEHISTORY 

A.  D.  Pennsylvania/-  and  New-Jersey  after  the  surrender, 
for  near  twenty  eight  years  successively,  were  repeated 
witnesses  of  his  conduct  in  various  capacities ;  he  studied 
peace,  and  the  welfare  of  mankind  ;  but  in  some  instances 
met  with  ungrateful  returns;  and  tho'  his  endeavours 
did  not  altogether  succeed  to  his  mind,  he  survived 
personal  accusation,  in  a  great  measure,  with  respect 
to  himself;  and  as  to  the  publick,  just  lived  long 
enough  to  see  it  emerging  from  an  unpromising  state 
of  litigation  and  controversy,  to  more  quiet  than  had 
been  known  for  many  years:  His  three  daughters, 
(who  were  all  the  children  he  left)  intermarried  with 
three  brothers,  of  the  name  of  Stephenson,  whose 
posterity  now  reside  in  New-Jersey  and  Pennsylvania.  *- 

In  the  latter  end  of  this  year  was  a  new  return  of 
members  of  assembly;  their  names  were,  For  the 
Eastern  division :  Thomas  Gordon,  speaker ;  Thomas 
Farmer,  Elisha  Parker,  John  Royse,  John  Harrison, 
Benjamin  Lyon,  Gershom  Mott,  Elisha  Lawrence, 

John  Trent,   William    Morris,  Enoch  Machelsen, 

Eldridge.  For  the  Western  division,  Thomas  Gar- 
diner, Thomas  Raper,  Hugh  Sharp,  Nathaniel  Cripps, 
John  Kay,  John  Kaighn,  Richard  Johnson,  Natha- 
niel Breading,  Hugh  Middleton,  John  Lewis:  This 
assembly  met,  but  upon  the  new  governor's  arrival, 
was  dissolved. 

r.  He  lived  some  years,  and  bore  several  important  offices  in 
Pennsylvania. 

a.  See  p.  124,  295. 


CHAP. 


OF    NEW -JERSEY.  355 


CHAP.     XIX. 

Lord  Lovelace  arrives  governor:  Convenes  a  new 
assembly ;  they  apply  to  him  for  a  hearing  on  the 
subject  of  the  lieutenant  governor  and  councils 
application  to  the  queen :  His  death  ;  is  succeeded  by 
the  lieutenant  governor  Ingoldsby  :  The  first  paper 
currency :  Arrival  of  governor  Hunter :  A  short 
account  of  the  first  expedition  to  Canada :  A  new 
assembly  chosen ;  their  first  session  in  Hunter's  time. 

JOHN    Lord   Lovelace,  baron   of  Hurley,  being        A.  D. 
appointed  to  succeed  lord  Cornbury;  he  summoned 
the  council  to  meet  Jura  at  Bergen,  December  20,  1708, 
published  his  commission,  and  met  a  new  asssembly  l 
in  the  spring,  at  Perth- Amboy,  and  informed  them  by        1709. 
speech  : 

Tli at  he  was  very  sensible  of  great  difficulties  Speech, 
attending  the  honorable  employment  in  which  her 
majesty  had  placed  him,  and  he  hoped  they  would 
never  fail  to  assist  him  to  serve  the  queen  and  her 
people ;  that  her  majesty  had  shewn,  in  the  whole 
•course  of  her  reign  (a  reign  glorious  beyond  example) 
ho\v  niin'h  she  aim'd  at  the  good  and  prosperity  of 
her  people ;  having  with  indefatigable  pains  united 
her  t\vo  kingdoms  of  England  and  Scotland,  and 
continued  the  same  application  to  unite  the  minds  of 
all  her  subjects;  that  this  was  her  great  care,  and 
ought  to  be  the  care  of  those  whom  she  deputed  to 

govern 

(.  For  the  Eastern  division:  Elisha  Lawrence,  Capt.  Price.  G. 
M«tt,  —  Slu-pard,  J.  Johnston,  T.  Gordon,  J.  Harrison,  Tho. 
Filtrandnlph,  Geo.  Duncan,  John  Trent,  L-iw.  Vanbuskirk. 

NVi-sttM-n  division:  John  Kay,  speaker,  P.  Fretwell,  J.  Kaigbll, 
II  Slurp,  T.  L:unU'rt,  John  LOW'H,  Samuel  Smith,  —  Dennis, 
Jacob  Spicer,  Robert  Wheeler,  William  Bustill. 


356  THE    HISTORY 

A.  D.  govern  the  distant  provinces,  not  happy  enough  by 
situation  to  be  under  her  more  immediate  govern- 
ment ;  that  as  he  could  not  set  before  him  a  better 
pattern,  he  should  endeavour  to  recommend  himself 
to  them,  by  following  as  far  as  he  was  able,  her  ex- 
ample ;  that  he  should  not  give  them  any  just  cause  of 
uneasiness,  under  his  administration,  and  hoped  they 
would  bear  with  one  another  ;  that  past  differences  and 
animosities  ought  to  be  buried  in  oblivion,  and  the 
peace  and  wellfare  of  the  country  alone,  pursued  by 
each  individual ;  that  her  majesty  would  not  be  burthen- 
some  to  her  people  ;  but  there  being  an  absolute  neces- 
sity that  the  government  be  supported,  he  was  directed 
to  recommend  that  matter  to  their  consideration  ;  that 
they  knew  best  what  the  province  could  conveniently 
raise  for  it's  support,  and  the  easiest  methods  of  raising 
it;  that  the  making  a  law  for  putting  the  militia  on  a 
better  footing  than  it  at  present  stood,  with  as  much 
ease  to  the  people  as  possible,  required  their  considera- 
tion ;  that  he  should  always  be  ready  to  give  his  assent 
to  whatever  laws  they  found  necessary,  for  promoting 
religion  and  virtue ;  for  the  encouragement  of  trade 
and  industry,  and  discouragement  of  vice  and  pro- 
phaneness,  and  for  any  other  matter  or  thing  relating 
to  the  good  of  the  province. 

Aesemblys  The  assembly,  in  their  turn,  told  the  governor  by 
address ;  that  they  esteemed  it  their  great  happiness,, 
that  her  majesty  had  placed  a  person  of  so  much  temper 
and  moderation  over  them,  and  made  no  question  he 
would  surmount  every  difficulty  with  honour  and 
safety. 

That  her  majesty's  reign  would  make  a  bright  leaf 
in  history  ;  that  it  was  the  advantage  of  the  present,, 
and  would  be  the  admiration  of  future  ages,  not  more 
for  her  success  abroad,  than  prudence  at  home ;  that 


OP    NEW-JERSEY.  357 

tho'  their  distance  had  and  might  sometimes  be  disad-  1709* 
vantageous  to  them,  yet  they  experienced  the  effect  of 
her  princely  care,  in  putting  an  end  to  the  worst  admi- 
nistration New-Jersey  ever  knew,  by  sending  him, 
whose  government  would  always  be  easy  to  her  ma- 
j<  -iv's  subjects  here,  and  satisfactory  to  himself,  whilst 
he  followed  so  great  and  good  an  example. 

That  they  had  no  animosities  with  one  another,  but 
firmly  agreed  to  do  themselves  and  their  country  justice; 
that  they  were  persuaded  none  that  deserved  publick 
oensure,  would  have  a  share  in  his  esteem  ;  and  doubted 
not  of  meeting  with  his  hearty  concurrence  in  every 
iiH'.-Mire,  that  conduced  to  peace  and  good  order. 

That  they  shouM  support  the  government  to  the 
utmost  of  their  abilities,  and  most  willingly  so  at  a 
time  when  they  were  freed  from  bondage  and  arbitrary 
encroachments,  and  were  convinced  that  vice  and 
immorality  would  no  more  receive  the  publick  counte- 
naixv  and  approbation. 

They  assure;!  him,  all  his  reasonable  desires  would  be 
commands  to  them;  and  promised  it  should  be  their 
study  to  make  his  administration  as  easy  and  happy 
as  they  could. 

The  session  lasted  a  month,  in  which  business  went 
on  with  unusual  smoothness;  the  assembly  obtained 
from  the  governor,  a  copy  of  the  address  (before  in- 
Berted)  from  the  lieutenant  governor  and  council,  to 
the  queen,  in  1707;  they  thanked  him  for  the  favour, 
and  requested  lie  would  desire  the  lieutenant  governor, 
and  all  that  signed  the  address,  to  attend  him  at  such  time 
as  IK-  thought  fit  to  appoint,  to  prove  their  allegations; 
and  that  the  house  might  have  leave  to  be  present,  and 
have  opportunity  of  making  their  defence,  in  order  to 
clear  themselves  from  such  imputations. 

Tin;  governor  shewed  a  ready  inclination  to  grant 
thi>  request,  and  appointed  a  day  for  a  hearing;  but  by 

the 


358  THE    HISTORY 

•A-  IX  the  artifices  of  t  those  concerned,  it  was  evaded  from 
time  to  time :  Whether  they  at  last  gain'd  their  point, 
does  not  appear. 

Most  of  the  inhabitants  of  New-Jersey,  now  pleased 
themselves  with  the  prospect  of  happy  times:  With  a 
change  of  governors  followed  a  change  of  measures 
and  favourites;  impartiality  and  candour  succeeded 
trick  and  design ;  the  tools  of  the  former  administra- 
tion having  nothing  but  the  protection  of  that  to  sup- 
x  port  them,  sunk  into  neglect. 

It  was  Cornbury's  weakness  to  encourage  men  that 
would  flatter  his  vanity,  and  trim  to  his  humours  and 
measures ;  these  were  sure  of  his  favours ;  but  the  case 
was  otherwise  now :  Such  of  the  former  favourites  as 
yet  continued  in  the  council,  were  not  without  their 
share  of  disesteem ;  even  the  confidence  which  had 
been  usually  put  in  that  board,  on  passing  the  support 
bill,  was  discontinued :  The  assembly  declaring  to 
Lovelace,  that  tho'  they  had  an  entire  confidence  in 
his  justice  and  prudence,  respecting  the  disposition  of 
the  money  for  support  of  government,  they  had  not  that 
confidence  in  the  gentlemen  that  were  now  of  her  majesty's 
council;  and  that  this  was  the  reason  they  had  altered 
the  former  method ;  and  therefore  requested  he  would 
favourably  represent  it  to  the  queen  in  their  behalf.w- 

The 

«.  The  law  regulating  the  qualification  of  representatives  to  serve 
in  general  assembly,  now  passed,  is  yet  in  force  ;  the  substance  of  thi» 
and  the  additional  one  passed  at  a  different  session,  but  in  the  same 
year,  is,  that  every  voter  shall  have  100  acres  of  land  in  his  own  right, 
or  be  worth  £.  50  current  money ;  that  the  persons  elected,  shall 
have  1000  acres  in  his  own  right,  or  be  worth  £.  500  current 
money,  in  personal  estate;  that  the  representatives  and  electors  shall 
be  freeholders,  and  have  estates  sufficient  to  qualify  him  or  them  in 
the  division  where  electing  or  chosen  ;  that  the  house  of  representatives 
shall  be  judges  of  the  qualification  of  their  members;  that  the  same 
forfei tu res  shall  attend  undue  returns  as  in  England  ;  and  that  no  per- 
son shall  be  chosen  a  representative,  who  with  his  family,  does  not 
reside  in  the  province.  See  also  the  laws  of  1725  and  1730.  VoL 
1,  p.  142,  195. 


OF    NEW  -JERSEY.  359 

The  difference  of  these  administrations  will  appear        A- D. 

1  /  09, 
on  a  short  comparison. 

The  first  on  the  subject  of  a  support,  makes  use  of 
the  following  expressions  :  (  That  I  may  not  be  want- 
'  ing  in  my  duty  in  the  station  the  queen  has  been 
<  pleased  to  honour  me  with  ;  I  shall  put  you  in  mind 

*  of  those  things,  which  I  think  ought  to    be    imme- 
'  dijitely  provided  for ;   the  first  of  which  is  providing 
'  a  revenue  for  the  support  of  government ;  the  reve- 
'  nue   which    the   queen    expects    is    fifteen    hundred 
'  pounds  a  year,  for  one  and  twenty  years.' 

Lord  Lovelace,  ten  months  afterwards,  upon  the 
same  occasion,  speaks  as  follows  :  '  Her  majesty  would 
'  not  be  burthensome  fc>  her  people,  but  there  being  an 
1  absolute  necessity  that  the  government  be  supported  ; 

*  I  am  desired  to  recommend  that  matter  to  your  con- 
'sideration  ;  you  know  best  what  the  province  can  con- 
'  veniently  raise  for  its  support,  and  the  easiest  method 
'  of  raising  it.' 

Hence  may  be  seen,  that  the  inhabitants  had  some 
n-ason  to  promise   themselves  more  happy  times  than 
heretofore;    but  to   their  great    disappointment,  lord 
Lovelace  died  within  a  few  days  afterwards,  and  the    I*ord 
administration   devolved    on    the   lieutenant   governor  dies.6  * 
Ingoldsby,  who  laid  before  the  assembly  the  design  of 
the  crown,  respecting   an    expedition   against   Canada, 
under  the  colonels  Nicholson  and  Vetch;   they  imme- 
diately voted  £.  3000,  for  the  service,  by  an  emission 
oi'  paper  bills  of  credit,  but  did  not  now  pass  the  bill. 

The   lieutenant  governor  adjourned  them  for  a  few 
weeks,  ami   then   told   them,  he   had  given  them  ano- 
ther opportunity  of  doing    their  duty  to  her  majesty,    Lieutenant 
and  what  their  country  re.jiiired  at  their  hands. 

That  he  found  in  their  votes  at  last  sitting,  a  resolve 
for  raising  £.  3000,  for  her  majesty's  service  ;  that  this 
was  now  become  a  debt,  and  they  had  only  to  consider 

of 


m 


360  THE   HISTORY 

A;  D.  of  ways  and  means  of  raising  it  ;  and  that  a  proper 
application  was  made  for  the  paying  of  their  quota  of 
men  appointed  for  reducing  Canada. 

The  assembly  prepared  three  bills,  one  for  raising 
First  pa-  £.  3,000,^-  another  for  enforcing  its  currency,  and  a 
third  for  the  encouragement  of  volunteers,  going  on 
the  Canada  expedition  ;  these  bills  having  received  the 
governor's  assent,  the  house  was  adjourn'd  to  the  first 
of  November,  to  meet  at  Burlington  ;  in  November 
they  met  accordingly,  but  deferred  business  till  De- 
cember, when  they  sat  ten  weeks,  passed  18  bills, 
were  then  adjourn'd,  and  afterwards  prorogued  from 
time  to  time,  till  dissolved  by  governor  Hunter,  in 

1710.2/. 

It 

x.  Here  began  the  paper  currency  in  New-Jersey  :  The  care  of 
the  legislature  respecting  it,  in  this  and  all  the  succeeding  emissions 
being  to  render  the  funds  for  sinking,  according  to  the  acts  that 
created  it,  secure,  and  to  prevent  the  currency  failing  in  value;  by 
changing  the  bills  as  they  became  ragged  and  torn,  and  allowing  no 
re-emissions  on  any  other  account  whatsoever;  it  has  thence  from 
the  beginning,  preserved  its  credit,  and  proved  of  great  service  to 
the  proprietors,  in  the  sale  of  their  lands,  and  to  the  settlers,  in  ena- 
bling them  to  purchase  and  contract,  and  pay  English  debts,  and  go 
on  with  their  improvements;  the  securities  when  issued  on  loan, 
were  double  the  value  in  lands,  or  treble  in  houses,  and  five  per  cent. 
interest;  but  now  (1765)  there  is  none  current  on  this  footing: 
The  funds  for  sinking  by  tax  the  money  created  for  the  expedition 
and  other  purposes,  are  mortgages  (secured  in  the  acts  that  make 
the  respective  emissions)  on  the  estates  real  and  personal,  in  the  pro- 
vince; hence  they  are  secured  as  firmly  as  the  province  itself;  they 
are  a  legal  tender  to  all  the  inhabitants  in  the  province,  and  else- 
where, but  not  to  others,  except  while  in  the  province:  The  re- 
mittances of  this  province  to  England,  being  chiefly  from  New- 
York  and  Philadelphia,  and  the  bills  no  legal  tender  there,  they  can 
never  operate  to  the  prejudice  of  English  debts  ;  let  exchange  be  as  it 
may,  because  none  there  are  obliged  to  take  them  ;  this  is  a  par- 
ticularity only  belonging  to  the  state  of  trade,  of  New-Jersey,  and 
renders  a  paper  currency  there,  free  from  the  objections  usually 
made  against  it  in  England. 

y.  For  a  few  months  before  governor  Hunter's  arrival,  William 
Pinhorne,  as  president  of  the  council,  exercised  the  office  of  com- 
mander in  chief. 


OF     X  KW-J  K  RS  K  V.  361 

It  \v:»s  in   the  latter  cud  of  the  year  1708,  that  col.         A.  D. 
Vetch  first  applied  to  the  court  of  Great-Britain,  for 

sea  and  land  forces,  to  reduce  Canada  ;    he,  with  col.    Colonels 

'  ,  Vetch  and 

Nicholson,  obtain  d  a  small  force  from  England,  and  Nicholson. 

instni.-;ion>  t<»  tin-  several  governors  on  the  continent 
to  <rive  them  what  assistance  they  could  :  «•  They  had 
a  promise  of  a  fleet  of  ships  of  war  to  follow  them  in 
due  time ;  they  came  over  in  the  beginning  of  sum- 
mer 

z  The  instructions  to  the  governor  of  New-York  and  New- 
Jersey,  were  as  follows : 

'ANNE  R. 

'  Right  trusty  and  well  beloved,  we  greet  yon  well :  Whereas  we 
'are  tilting  out  an  expedition  with  great  ex  pence,  for  the  security  of 
'our  siibjects  in  your  government,  from  the  neighbourhood  of  the 
'  French  at  Canada,  which  has  been  very  troublesome  to  them  of  late 
'years:  According  to  certain  proposals  laid  before  us  by  our  trusty 
'and  well  beloved  colonel  Vetch,  and  pursuant  to  the  many  appli- 
'  rations  that  have  been  made  to  us  by  our  subjects,  who  have  suf- 
'fered  very  much  from  the  French  in  that  neighbourhood;  we  do 
'  hereby  strictly  require  and  command  you,  to  be  assisting  to  this  expe- 
'dition,  after  the  manner  that  the  said  colonel  Vetch  shall  in  our 
'  name  propose  to  you,  and  that  you  look  upon  those  parts  of  his 
'instructions  which  relate  to  you,  and  our  governments  under 
'your  cure,  and  which  we  have  ordered  him  to  communicate  to  you, 
'  in  the  same  manner  as  if  they  were  our  positive  commands  directed 
'to  yourself,  and  that  you  p?.y  the  same  obedience  to  them: 
'  And  whereas  there  may  be  some  particulars  in  our  above  mentioned 
'instructions,  as  that  which  concerns  the  place  of  rendezvous,  in 
'which  you  who  live  in  the  country,  may  be  the  most  proper 
'judge;  we  do  therefore  leave  this  and  the  other  the  like  circum- 
'Btances,  to  be  altered  at  discretion;  provided,  that  colonel  Vetch 
'and  colonel  Nicholson,  do  agree  with  you  in  any  such  alteration; 
'and  provided  you  do  punctually  observe  the  number  of  men  which 
'you  are  to  furnish,  and  the  tim'e  when  they  are  to  appear  and  be 
'on  .i  readiness  to  enter  upon  their  expedition  :  And  so  we  bid  you 
'  farewell.  Given  at  our  court  at  St.  James's,  the  28th  of  February, 
'and  in  the  seventh  year  of  our  reign. 

By  her  majesty's  command, 

SUNDERLAND. 

'To  our  trusty  and  well  beloved  John  Lord  Lovelace,  our 
'captain  general  and  governor  in  chief  of  our  province 
'ol  New- York  and  New-Jersey,  in  America,  or  in  his 
'absence  to  the  commander  in  chief  of  the  said  provinces 
'for  the  time  being.' 


362  THE    HISTORY 

*•  IX       mer   1709,a-   and    brought   with    them    the   following 
instructions,  directed  to  col.  Vetch. 

'  ANNE  R. 

'  Instructions  for  our  trusty  and  well-beloved  Col. 
'  Vetch,  to  be  observed  in  his  negotiations  with 
*  the  governors  of  several  of  our  colonies  in 
'  America :  Given  at  our  court  at  St.  James's, 
'the  28th  day  of  February,  1708-9,  and  in  the 
1  seventh  year  of  our  reign. 

'  Whereas  you  have  laid  before  us  the  proposal  of 
'an  enterprize  on  Canada  and  Newfoundland,  which 
'  may  turn  very  much  to  the  security  and  advantage  of 
'our  subjects  in  those  parts  of  America,  as  well  as 
'  to  the  prosperity  of  our  kingdoms  in  general  ;  we 
'  having  taken  the  same  into  consideration,  do  entirely 
'  approve  of  the  said  proposal ;  and  in  order  to  execute 
*  it  effectually,  have  thought  fit  to  give  you  these  our 
'  following  instructions. 

*  You  shall  immediately  repair  on  board  the  ship 
'appointed  by  our  high  admiral  for  the  transporting 
'  of  you,  with  officers  as  shall  be  sent  under  your  com- 
'  mand,  to  several  of  our  colonies  in  North- America ; 
'  upon  your  arrival  at  New- York,  you.  are  to  deliver 
'  to  our  governor  of  that  place  a  letter  from  us,,  and 
'communicate  to  him  these  our  instructions,,  acquaint- 
'ing  him,  that  we  shall  expect  from  him  a  punctual 

'and 

a.  The  colonels  Nicholson  and  Vetch  both  appearing  at  a  coun- 
cil held  at  Am  boy,  the  30th  May,  1709,  it  was  concluded,  that 
George  Riscarricks  should  be  forthwith  sent  to  Weequehala,  the 
Indian  sachem,  to  acquaint  him,  that  the  lieut.  governor  Ingoldsby 
expected  his  attendance  on  that  board  forthwith  ;  and  that  captain 
Aarent  Schuyler  should  forthwith  send  for  Mahooiuinst,  Cohcowio 
kick,  Ohtossolonoppe,  Meskakow  and  Teetee,  sachems  of  the 
Minisinks  and  Shawhona  Indians;  who  appearing  «oon  afterwards, 
joined  in  the  undertaking;  and  Ingoldsby,  governor  of  New-Jersey, 
G.  Saltonstall,  governor  of  Connecticut,  and  C.  Gookin,  governor 
of  Pennsylvania,  jointly  commissionated  colonel  Pet^r  Schuyler,  the 
23d  of  May,  1709,  to  be  over  these  and  the  other  Indians  on  this 
expedition;  and  soon  afterwards  the  said  three  governors  joined  in 
a  petition  to  Nicholson,  that  he  would  take  upon  him  the  chief 
command  of  the  expedition ;  after  which  he  bore  the  name  of 
general  Nicholson. 


OF    NEW- JERSEY.  363 

'  and  ready  compliance  in  all  such  as  relate  to  him ;        A.  D. 

'  you  shall  represent  to  him,  that  out  of  a  great  desire        1710' 

'  to  answer  the  frequent  applications  which  have  been 

'  made  to  us,  by  our  good  subjects  the  inhabitants  of 

'  those  parts,  to  deliver  them  from  the  neighbourhood 

<  of  the  French  of  Canada,  which  of  late  years  hath 

'  been  so  troublesom   to  them ;  we  have  fitted  out  an 

'  expedition,   the   particulars   of  which   you   shall    lay 

'  before  him,  and  withal  let  him  know,  that  we  strictly 

'  require  and  enjoin  him,  to  give  such  an  assistance  to 

'  the  said  expedition,  as  is  hereafter  specified. 

'  You  shall  signify  to  him  our  pleasure,  that  the 
'governor  of  New- York  do  furnish  a  quota  of  eight 
'  hundred  men,  including  the  four  standing  companies; 
'  and  that  the  city  regiments  of  York  and  Albany  do 
'  duty  in  the  forts,  during  the  absence  of  the  said 
'  standing  companies?  You  shall  at  the  same  time 
'  acquaint  him,  that  New-Jersey  is  to  furnish  two 

*  hundred  men ;    Connecticut  three  hundred  and  fifty, 
1  and  Pennsylvania  one  hundred  and  fifty;  so  that  the 

*  whole  force  will  consist  of  fifteen  hundred  effectives ; 
'  which  are  to  be  disposed  into  four  battalions ;   each 
'  battalion  to  have  one  of  the  four  regular  companies 
'  mixed  and  incorporated  in  it,  and  to  be  commanded 
'  by  the  captains  as  colonel  whose  company  is  so  in- 

*  corporated   in    it,  and   under  him   by  the   respective 
1  officers   of  the   country   troops ;    the   officers  that  go 
1  with  you,  and  are   designed   for  New  York,  to    be 
'distributed  among  the  companies,  as  the  governor  in 

*  concert  with  the  commander  in  chief,  shall  think  best 
4  for  the  service. 

'  You  shall  likewise  acquaint  our  aforesaid  gover- 
'  nor,  in  our  name,  that  we  do  command  and  expect 
1  from  him,  that  the  quotas  of  his  government,  be 
'  ready  at  Albany,  with  all  things  necessary  for  the 
'  expedition,  by  the  middle  of  May  next  ensuing,  at 

*  the  furthest;  and  that  he  furnish  all  the  troops  with 
'  what    arms   and   ammunition    they    want,  out  of  the 
'  nia^a/ine  at   New  York;  and   that  he  do  forthwith 
'  get  together  and  keep  in  readiness,  three  months  pro- 

'  vision 


364  T  H  E    H  I  S  T  O  R  Y 

A.  D.  <  vision  for  his  quota  of  those,  to  be  transported  and 
l.it).  *  lodged  in  some  convenient  place  at  the  wood  creek, 
'  or  elsewhere ;  for  the  security  of  which,  he  shall,  in 
'  conjunction  with  the  governments  of  Connecticut 
' and  Pennsylvania,  cause  to  be  built  a  large  wooden 
'store  house;  as  also  six  or  more  large  boats,  that  will 
'  carry  sixty  men  each,  for  the  transportation  of  theii 
'  heavier  stores  by  water ;  and  also  contract  with  the 
'  five  nations,  to  make  with  all  speed,  as  many  canoes 
'  as  will  be  wanted  for  the  said  expedition. 

1  You  shall  moreover  enjoin  the  aforesaid  governors 
'in  our  name,  to  command  and  engage  the  aforesaid 

*  five  nations,  as  also  the   river   Indians,  to  join  with 
'  all   their   fighting    men    in   the   said   expedition,  and 
'promise  them  a  good   present  if  they  do;  you  shall 
'  likewise  acquaint  them,  that  it  is  our  pleasure  that  he 
1  give  all    fitting   encouragement   to  any  gentlemen,  or 
'  others,  that  shall  offer  themselves  to  go  as  volunteers 
'  in  this  our  service. 

'  You  shall  deliver  a  letter  from  us  to  the  governor  of 
'  Connecticut,  and  another  to  the  governor  of  Pennsyl- 
( vania,  for  the  time  being,  and  signify  to  them  our 
'  royal  will  and  pleasure,  that  they  have  their  quotas 
'  of  men  and  provisions  ready  by  the  middle  of  May 
'  at  furthest ;  acquainting  them  withal,  that  the  gover- 
'  nor  of  New- York  is  ordered  to  assist  them  with  what 
4  arms  and  ammunition  they  shall  want. 

'  After  having  finished  your  negotiations  for  the 
Aforegoing  expedition,  with  all  possible  secrecy  and 
'  dispatch,  you  shall  deliver  a  letter  from  us  to  our 
'  governor  of  New-England,  and  another  to  the  gover- 
'  nor  of  Rhode-Island,  for  the  time  being,  strictly  en- 
'  joining  and  commanding  them  in  our  name,  to  raise 

*  at  least  twelve  hundred  of  their  best  men,  according 
4  to  their  usual  proportions ;  and  to  give  all  fitting  en- 
'  couragement  to  any  such  as  shall  offer  themselves  to 
'  go  volunteers   in   the  expedition,  whether  gentlemen 
'or  others;  as   also  to  have  in    readiness   a   sufficient 
'number  of  transports,  with  three  months  provisions, 

'and 


OF    NEW-JERSEY.  365 

'  and    able   pilots,  whereof  capt.  South  wech&-  is   to  be        A.  D. 

'one,  and  to  go  in   his  own  galley ;    and  that  all  may        1/10' 

'be   ready  to   embark    by  the    middle  of    May,  upon 

'  the  arrival  of  the  fleet  from  England  ;    and  for  their 

'  ijivatrr  encouragement,  you  shall   acquaint  them,  that 

'  we    liave   ordered    arms   and   ammunition  to  be  sent 

1  with    you,    for    the    number    of    troops    they    are    to 

1  furnish  ;     which    arms   and    ammunition    you    shall 

'  accordingly  deliver  to  the  several  companies,  in  pre- 

'  srnce  of  the  governor  or  commissary  of  the  country, 

*  taking  a  receipt  for  the  same,  which  you  shall  trans- 

1  init  to  our  board  of  ordnance  in  this  kingdom. 

'  You  shall  with  the  concurrence  and  advice  of  our 
'  governor  of  New-England,  contract  with  ship  ear- 
'  pcnters,  for  the  building  of  ten  or  more  large  flat 
'  bottom'd  boats,  that  will  carry  sixty  men  each,  for 
'  the  landing  of  troopS ;  and  also  contract  with  proper 
'  persons  for  the  furnishing  of  eight  months  provision 
'  to  the  troops  that  shall  be  left  at  Quebec  or  Montreal, 
'  if  it  shall  please  God  to  make  our  forces  masters  of 
1  those  places,  and  to  give  us  the  success  that  we  hope 
'for  from  this  our  expedition. 

1  And  to  the  end,  that  nothing  may  be  wanting  on 
'our  parts,  towards  engaging  the  several  governments 
'  to  act  with  the  utmost  spirit  and  vigour  in  this  expe- 
'dition,  you  shall  assure  them  in  our  name,  that  such 
'of  the  governments  as  contribute  towards  the  red  uc- 
'  tion  of  Canada,  shall  have  a  preference  both  with 
ird  to  the  soil  and  trade  of  the  country,  when 
1  reduced,  to  any  other  of  our  subjects ;  and  when  they 
'shall  have  concerted  among  themselves  any  reasonable 
'  proposals,  for  securing  to  their  respective  colonies  the 
'  benetit  of  the  said  soil  and  trade,  we  shall  not  be 
1  wanting  to  give  our  royal  sanction  to  the  same. 

'  You    >ha!l    communicate  these   our  instructions   to 

'  col«»nel   Francis  Nicholson,  who  hath  offered  himself 

•  as  a  voluntier  in  this  expedition;    and   further, 

'  out  of  regard  to  his  known  abilities  and  zeal  for  our 

'  service 

b.  He  was  master  of  the  province  galley,  belonging  to  the- 
IfttMachaaetta  government. 


366  THE    HISTORY 

A.  D.  'service,  we  do  require,  that  you  should  admit  him 
1710.  t  'info  vour  private  consultations  with  our  several  gover- 
'  nors,  on  the  methods  for  putting  this  your  proposal 
'into  execution  ;  and  if  by  reason  of  the  distance  of 
'time  and  place,  any  other  preparations  may  be  neces- 
'sary  for  the  carrying  on  this  expedition,  which  we 
'could  not  here  foresee,  and  which  is  not  contained 
'  in  these  your  instructions,  you  shall,  with  the  concur- 
'  rence  of  the  governor,  who  is  to  assist  in  any  such 
'  service,  and  of  colonel  Nicholson,  make  any  such 
'  peparations,  tho'  it  is  not  in  your  instructions ;  pro- 
'  vided,  that  it  appear  to  you  absolutely  necessary  for 
'  the  carrying  on  of  the  expedition  aforesaid,  and  that 
'  the  governor  and  colonel  Nicholson  do  entirely  concur 
'  in  judging  it  to  be  so.  A.  R. 

1  SUNDERLAND.' 

Being  arrived,  they  did  their  best  at  raising  forces 
on  the  continent ;  but  a  difference  arising  among  the 
"ministry  at  home,  the  ships  of  war  expected  from 
thence,  came  not :  They  waited  without  doing  any 
thing  till  the  winter,  and  then  Nicholson  went  back 
to  England,  to  solicit  further  assistance,  and  forward 
what  had  been  proposed ;  to  do  this  with  more  proba- 
bility of  success,  four  Indian  sachems  of  the  Five 
now  Six  Nations,  were  prevailed  upon  to  take  a  voyage 
to  England,  to  assist  what  they  could  in  persuading 
this  Expedition  :  c.  With  these  went  over  col.  Schuyler, 

They 

c.  Indians  in  England  were  then  a  strange  sight;  these  sachems 
were  also  considered  in  proportion  to  the  faithfulness  and  importance 
of  the  nations  they  belonged  to,  and  accordingly  much  taken  notice 
of:  The  court  was  in  mourning  for  the  death  of  George  prince 
of  Denmark,  the  sachems  at  the  queen's  expence  had  nnder-cloaths 
of  black,  covered  with  a  scarlet  mantle,  edged  with  gold;  they 
were  carried  to  court  in  coaches,  and  introduced  in  form  to  (he 
queen;  one  of  them  made  a  speech,  setting  forth,  that  they 
doubted  not  die  queen  WHS  acquainted  with  their  long  and  tedious 
^war  against  the  French,  in  conjunction  with  her  children,  (subjects) 
that  they  had  been  a  strong  wall  for  the  security  of  these,  even  to  the 
•loss  of  their  best  men,  as  Quider  and  Anadagarjaux  (Schuyler  and 

Nicholson) 


O  F    N  E  W  -  J  E  R  S  E  Y .  367 

They  sail'd  early  in  the  year ;  had  several  conferences        A.  D. 
with  the  lords  of  trade ;  and  with  Nicholson  and  the 
forces  he  brought,  returned  in  the  summer,  and  arrived 
at  Boston. 

According  to  the  instructions  to  the  governments  on 
the  continent,  for  getting  their  assistance  in  readiness, 
a  considerable  armament  was  raised,  and  set  out  from 
Boston  September  18.  The  fleet  consisted  of  the 
Dragon,  Falmouth,  Leostaff,  Feversham,  men  of 
war,  the  Star  bomb,  and  the  Massachusetts  province 
galley,  with  transports,  in  all  thirty-six  sail ;  the  forces 
on  board  were,  one  regiment  of  marines  from  England, 
two  regiments  of  Massachusetts  Bay,  one  regiment  of 
Connecticut,  and  one  of  New-Hampshire  and  Rhode- 
Island,  commissioned  by  the  queen,  armed  and  victual- 
ed in  part  by  her  gift,  and  part  by  the  several  colonies, 
towards  which  New-Jersey  was  £.3,000;  they  arrived 
at  Port-Royal,  now  called  Annapolis-Royal,  in  six  days 
sail  from  Boston ;  after  some  small  canonading  and 
bombarding,  the  French  governor  Subercasse,  capitu- 
lated ;  October  5,  the  fort  was  given  up,  and  col.  Vetch, 
according  to  the  instructions  for  that  purpose,  became 

governor ; 

Nicholson)  could  testify;  that  they  were  glad  an  Expedition  to 
Canada  hud  been  undertaken,  and  had  assisted  in  the  preparations 
on  the  lake,  whilst  Anidiasia  (Vetch)  at  the  same  time  was  raising  an 
army  at  Boston  ;  that  as  some  important  affair  had  prevented  the 
expected  fleet,  and  rendered  the  design  for  that  season  abortive;  they 
were  left  much  exposed;  and  if  the  Queen  was  not  still  mindful  of 
th-'iu.  they  with  their  families  must  forsake  the  country,  and  seek 
oilier  habitations,  or  stand  neuter;  either  of  which  would  be  much 
air .ii  nst  their  inclinations ;  they  concluded  with  presenting  some  belts 
of  wampum. 

A  fter  this  they  were  magnificently  entertained  by  several  of  the 
nobility,  and  were  once  present  at  the  revit.w  oi  the  guar  Is  in  Hyde- 
Park,  with  t!u- duke  or  Onmmd  at  their  head  ;  to  him  they  made  a  .  %• 
sprerli,  and  presented  hi.u  with  three  skins,  to  enforce  a  request,  that 
he  \vouM  forward  th-ir  bu-iness  with  the  queen.  On  their  return,  at 
Southampton,  Admiral  Aylmer,  who  commanded  a  fleet  there. 
Hem  l>n  yaie.h  to  bring  them  on  board;  they  dined  with  him,  and 
then  sailed  for  America. 


368  THE    HISTORY 

A.  D.  governor ;  the  terms  of  the  capitulation  were,  that 
all  the  French,  being  four  hundred  and  eighty  one 
persons,  within  three  miles  of  the  fort,  should  be 
under  the  protection  of  Great-Britain,  upon  taking 
the  oaths  of  allegiance ;  the  other  French  settlers  were 
left  at  discretion ;  that  in  case  the  French  made  incur- 
sions upon  the  frontiers  of  New-England,  the  British 
should  make  reprisals  upon  the  French  in  Nova-Scotia, 
by  making  some  of  the  chief  of  their  inhabitants  slaves 
to  their  Indians;  notwithstanding  this,  the  French  of 
L'Accadia,  soon  after  committed  hostilities;  tho?  the 
Port-Royal  and  Cape-Sable  Indians  desired  terms  of 
amity  and  alliance -might  be  settled  with  them;  which 
was  accordingly  done.  The  men  of  war  and  transports 
sailed  again  for  Boston,  October  the  14th,  leaving  a 
garrison  in  Port-Royal  of  two  hundred  marines  and 
two  hundred  and  fifty  of  the  new  raised  voluntiers  from 
the  continent ;  which  were  the  next  year  relieved  by 
four  hundred  of  the  troops  destin'd  for  Canada. 

Nova-Scotia  had  continued  with  the  French  from 
the  year  1662  (except  the  momentary  reduction  and 
possession  of  it  by  sir  William  Phips,  in  1690.rf  )  until 
now;  this  acquisition  afterwards  confirmed  to  Great- 
Britain  by  the  treaty  of  Utretcht,  hath  so  remained 
ever  since. 

The  design  respecting  Canada,  was  for  this  year  laid 
aside ;  the  earl  of  Dartmouth,  secretary  of  state,  wrote 
to  governor  Hunter  upon  the  subject,  and  to  encourage 
an  attempt  upon  Port-Royal,  as  follows : 

<  Sir,  Whitehall,  August  1710. 

xLarl  01  •    •  i 

Dart-  '  The   quee